Kerala High Court
K.P.Abdul Razak vs V.Moosa on 2 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.REV.PET NO. 23 OF 2024 1
2025:KER:48231
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. 23 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 08.08.2023 IN Crl.A
NO.242 OF 2016 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
III / RENT CONTROL APPELLATE AUTHORITY, THALASSERY ARISING OUT
OF THE ORDER/JUDGMENT DATED 29.09.2016 IN ST NO.486 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KUTHUPARAMBA
REVISION PETITIONER/S:
K.P.ABDUL RAZAK
AGED 45 YEARS
S/O.ABU, KALATHIL HOUSE, P.O.MANANTHERI, KANNUR
DISTRICT,, PIN - 670643
BY ADVS.
SHRI.P.U.SHAILAJAN
SHRI.MIDHUN SUDARSANAN P.
SHRI.NIDHEESH T.P
RESPONDENT/S:
1 V.MOOSA
CRL.REV.PET NO. 23 OF 2024 2
2025:KER:48231
AGED 62 YEARS
S/O.MAMMAD, VALAVIL HOUSE, KOLAYAD, KOLAYAD P.O,
KANNUR DISTRICT,, PIN - 670650
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
SHRI.P.SAJU
SHRI.JANARDHANAN PONATHILEKANDY
OTHER PRESENT:
SR PP SRI HRITHWIK C 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. 23 OF 2024 3
2025:KER:48231
P.V.KUNHIKRISHNAN, J
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Crl.R. P No. 23 of 2024
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Dated this the 2nd day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the following reliefs:
"(i) Call for the records leading to the Judgment dated 8.8.2023 in Crl.A.No.242 of 2016 of the Court of the Additional Sessions Judge-III, Thalassery and the judgment dated 29.9.2016 in STC.No.486 of 2015 of the Judicial First Class Magistrate Court, Kuthuparamba and set aside the said Judgments, allow this Criminal Revision Petition and acquit the revision petitioner/accused. and
(ii) such other reliefs as this Hon'ble Court may deem fit and proper at the request of the revision petitioner.CRL.REV.PET NO. 23 OF 2024 4
2025:KER:48231 "[SIC]
2. This Criminal Revision Petition is filed against the 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.C No.486/2015 on the file of the Judicial First Class Magistrate Court, Kuthuparamba. 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 sentenced to undergo simple imprisonment for three months and to pay compensation of Rs.6,00,000/- (Rupees Six Lakhs only) to the complainant under Section 357(3) Cr.P.C. In default of payment of the compensation amount, the petitioner was directed to undergo simple imprisonment for three months. Aggrieved by the conviction and sentence, an appeal is filed CRL.REV.PET NO. 23 OF 2024 5 2025:KER:48231 before the appellate court. The appellate court, after re- appreciating the evidence, confirmed the conviction and modified the 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 counsel for the petitioner submitted that there is material alteration in the cheque. It is submitted that when the cheque amount is Rs.6,00,000/- and there is alteration in number '6'. According to the petitioner, number '1' is corrected as '6'. But this point is considered by the appellate court in detail. The appellate court observed that, when the figures are stated in the cheque in words, it is clearly stated that it is 'six lakhs'. If that is the case, that contention need not be entertained by this Court in a revisional jurisdiction.
5. The jurisdiction of this Court to interfere with the CRL.REV.PET NO. 23 OF 2024 6 2025:KER:48231 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 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.
6. Therefore, this Criminal Revision Petition is dismissed, confirming the conviction and sentence imposed on the petitioner as per the impugned judgment. Six months time is granted to pay the amount and to serve the sentence. CRL.REV.PET NO. 23 OF 2024 7
2025:KER:48231 All coercive steps against the petitioner shall be kept in abeyance during the above period. If any amount is already deposited before the trial court, the same will be adjusted towards the compensation amount, and the same should be disbursed to the Respondent in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS