Kerala High Court
Fathima Sajla vs State Of Kerala on 2 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.Rev.Pet. No.726 of 2024
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2025:KER:48427
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
CRL.REV.PET NO. 726 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 29.04.2024 IN Crl.A
NO.123 OF 2019 OF ADDITIONAL DISTRICT COURT, TIRUR ARISING OUT
OF THE ORDER/JUDGMENT DATED 28.05.2019 IN ST NO.13 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, PARAPPANANGADI
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
FATHIMA SAJLA
D/O PADAVAKKAL ABDUL RAZAK, PADAVAKKAL HOUSE,
KODATHIPADI NEAR RELIANCE PETROL PUMP PO. MANNARKKAD,
PALAKKAD NOW RESIDING AT FLAT NO.321 EAST HILL
APARTMENT WEST HILL. PO, KOZHIKODE, PIN - 673005
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RAKHY BABY
SMT.TREESA SHAJI
SMT.SNEHA JOY
SHRI.NISHAN AHAMMED MULLAVEETTIL
RESPONDENT(S)/RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Crl.Rev.Pet. No.726 of 2024
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2 KRISHNAN. M,
S/O CHAKKU AGED 65 YEARS, MOOKKAM PARAMBATH HOUSE
KADALUNDI NAGARAM. PO MALAPPURAM, PIN - 673314
BY ADVS.
SHRI.THAREEQ ANVER
KUM.K.SALMA JENNATH
SMT.K.C.KHAMARUNNISA
SRI.ARUN CHAND
SHRI.RASSAL JANARDHANAN A.
SR PP, SMT. SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.Rev.Pet. No.726 of 2024
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P.V.KUNHIKRISHNAN, J
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Crl.Rev.Pet. No.726 of 2024
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Dated this the 02nd day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the following reliefs:
"to allow the revision and set the judgment dated 29.04.2024 in Criminal Appeal No. 123 of 2019 of the Additional Session Court, Tirur. Division arising out of the judgment dated 28.05.2019 in ST No. 13/2017 on the files of the Judicial First- Class Magistrate II, Parappanagadi."[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. No.13/2017 on the file of the Judicial First Class Magistrate Court-II, Parappanangadi. It is a prosecution initiated against the petitioner alleging offence punishable under Section 138 of the Crl.Rev.Pet. No.726 of 2024 4 2025:KER:48427 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 she was convicted and sentenced to undergo simple imprisonment for one months and to pay a fine of Rs.4,00,000/- (Rupees Four lakhs only). The petitioner was also directed to pay the fine amount, if any realized, to the complainant as compensation under Section 357(1) 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.
3. Heard the learned counsel appearing for the Revision petitioner and the learned Public Prosecutor.
4. The jurisdiction of this Court to interfere with Crl.Rev.Pet. No.726 of 2024 5 2025:KER:48427 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 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 imposed under Section 138 of the NI Act.
5. What remains is the sentence imposed on the petitioner. The sentence is simple imprisonment for one months and to pay a fine of Rs.4,00,000/- (Rupees Four lakhs only) with a default sentence. Admittedly, it is a money transaction which leads to the prosecution. In such circumstances, I am of the Crl.Rev.Pet. No.726 of 2024 6 2025:KER:48427 considered opinion that the substantive sentence of imprisonment is not necessary. The same can be set aside.
Therefore, this Criminal Revision Petition is allowed in part in the following manner:
1. The conviction imposed on the petitioner as per the impugned judgment is confirmed.
2. The sentence imposed on the petitioner as per the impugned judgment is set aside, and the revision petitioner is directed to undergo imprisonment till the rising of the court and to pay a fine of Rs.4,00,000/-
(Rupees Four lakhs only). In default of payment of fine, the petitioner is directed to undergo simple imprisonment for one month. If the compensation amount is deposited, the same shall be paid to the 2 nd respondent under Section 357(1) Cr.P.C.
3. Ten months time is granted to pay the amount and to serve the sentence. Coercive steps against the Crl.Rev.Pet. No.726 of 2024 7 2025:KER:48427 petitioner shall be kept in abeyance during the above period.
4. 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 2nd Respondent in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM