Kerala High Court
Sabu vs Santhosh on 1 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.Rev.Pet. No.596 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.REV.PET NO. 596 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.01.2024 IN Crl.A
NO.37 OF 2022 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA
ARISING OUT OF THE ORDER/JUDGMENT DATED 29.12.2021 IN ST
NO.74 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III,
IRINJALAKUDA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
SABU
AGED 48 YEARS
S/O CHAKRAPANI, CHITTEKODATH HOUSE, CHERANELLUR
VILLAGE AND P.O. ERNAKULAM, PIN - 682034
BY ADV. SRI.P.S.SISHOY
RESPONDENT(S)/RESPONDENT/COMPLAINANT:
1 SANTHOSH
AGED 57 YEARS
S/O DAMODARAN, CHERAKKULAM HOUSE, IRINJALAKUDA
VILLAGE AND DESOM, IRINJALAKUDA NORTH P.O.,
MUKUNDAPURAM TALUK, PIN - 680125
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Crl.Rev.Pet. No.596 of 2024
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BY ADVS.
SRI.P.K.VARGHESE
SHRI.M.T.SAMEER
SHRI.JERRY MATHEW
SMT.DEEPA K.RADHAKRISHNAN
SMT.ANU ASHOKAN
SMT.DEVIKA K.R.
SMT.CHIPPY AMBUDAS
SMT.SEETHA S., SENIOR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.Rev.Pet. No.596 of 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
Crl.Rev.Pet. No.596 of 2024
-------------------------------
Dated this the 01st day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the following reliefs:
"a) to call for records leading to the impugned judgment and allow this revision by setting aside the judgment dated 15th January 2024 in Crl.Appeal No. 37/2022 passed by the Addl. Sessions Judge, Irinjalakuda and consequently set aside the judgment dated 29th December 2021 in S.T.No.74/2020 of the Judicial First Class Magistrate -III, Irinjalakuda and acquit the revision petitioner, in the interest of justice."[SIC]
2. This Criminal Revision Petition is filed against the concurrent finding of conviction and sentence imposed on the Revision petitioner by the trial court and the appellate court. The Revision petitioner is the accused in S.T. Crl.Rev.Pet. No.596 of 2024 4 2025:KER:47746 No.74/2020 on the file of the Judicial First Class Magistrate Court-III, Irinjalakuda. It is a prosecution initiated against the petitioner alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). The learned Magistrate after a full fledged trial found that the petitioner is guilty under Section 138 of the NI Act and he was convicted under Section 255(2) Cr.P.C. and sentenced to undergo simple imprisonment till rising of the court and to pay a fine of Rs.3,00,000/- (Rupees Three lakhs only) to the complainant as compensation under Section 357(1)(b) Cr.P.C. In default of payment of fine, the petitioner was directed to undergo simple imprisonment for one month. Aggrieved by the conviction and sentence, an appeal is filed before the appellate court. The appellate court, after re-appreciating the evidence, confirmed the conviction and sentence imposed by the trial court. Hence, this Criminal Revision Petition is filed. Crl.Rev.Pet. No.596 of 2024 5
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3. Heard the learned counsel appearing for the Revision petitioner and the learned Public Prosecutor.
4. The jurisdiction of this Court to interfere with the concurrent finding of conviction and sentence invoking the powers of revisional jurisdiction is very limited. Unless there is illegality, irregularity and impropriety, this Court need not interfere with the concurrent finding of conviction and sentence. This Court anxiously considered the impugned judgments and the contentions of the Revision petitioner. I am of the considered opinion that there is nothing to interfere with the conviction and sentence imposed on the petitioner. The trial court and the appellate court considered the entire evidence and thereafter found that the petitioner was guilty under Section 138 of the NI Act. Therefore, there is nothing to interfere with the conviction and sentence imposed under Section 138 of the NI Act.
Therefore, this Criminal Revision Petition is Crl.Rev.Pet. No.596 of 2024 6 2025:KER:47746 dismissed, confirming the conviction and sentence imposed on the petitioner as per the impugned judgments. Ten months time is granted to pay the amount and to serve the sentence.
If any amount is already deposited before the trial court, the same will be adjusted towards the compensation/fine amount, and the same should be disbursed to the 1st Respondent in accordance with law. Coercive steps against the petitioner shall be kept in abeyance during the above period.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM