In appeal against sentence of fine, legal heirs of accused to be brought on record if accused dies
The materials on record show that at the time of filing the appeal and as a condition for suspending the sentence and for all, the appellate court had imposed a condition of depositing one-half of the cheque amount within two months from the date of Ext.P2 order. It is also clear that the appellant/ accused had complied with the above order and he had deposited a sum of Rs. 17,500/-before the court below. Though there was no imposition of fine, the appellant/accused was directed to pay compensation which quantified as Rs.35,000/- which is equivalent to the cheque amount and he was further directed to pay to the complainant a sum of Rs. 1000/- as cost of the proceedings under Section 359 of the Code of Criminal Procedure and in default of the same, he was directed to undergo simple imprisonment for thirty days. Hence, it can be seen that a sum of Rs. 17,500/- has already been deposited by the deceased appellant/accused before the court below and if the appeal decides on merit and if the same is in favour of the person who interested in prosecuting the appeal on behalf of the deceased appellant, he may entitle to get back the amount which is already deposited as per Ext.P2 and there may not be any amount towards compensation and also the cost. Even if the appeal proceeds at the instance of the near relatives and if it is dismissed, the petitioner herein who is the complainant will be entitled to all the amount accrued on the strength of the trial court judgment which was the outcome of the criminal proceedings initiated by him. The same is the position if the appeal is abated finally in view of Section 394 of the Code of Criminal Procedure. Thus, it can be seen that it is open for the successors of the deceased appellant/accused to come on record or get substituted themselves and prosecute the appeal and get the conviction as well as compensation and cost set aside. If they do not come on record, in order to avoid the payment of compensation under the shelter of non-executability of the default sentence, a duty is cast upon the court to direct the successors to be brought on record and hear them accordingly and if the sentence and compensation and cost are affirmed and inspite of such affirmation, the L.Rs of the successors do not pay the compensation, the court has to proceed in accordance with law for the recovery of the compensation amount.
