Kerala High Court
Balakrishnan K vs Aniyan Pillai on 3 July, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:48687
CRL.REV.PET NO. 526 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
CRL.REV.PET NO. 526 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN Crl.A NO.153 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOLLAM / IV
ADDL.M.A.C.T./ RENT CONTROL APPELLATE AUTHORITY ARISING OUT
OF THE ORDER/JUDGMENT DATED IN ST NO.800 OF 2013 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT - II, SASTHAMCOTTA
REVISION PETITIONER/APPELLANT/ACCUSED:
BALAKRISHNAN K,
AGED 56 YEARS
S/O KUNJIKILAVAN, INDIRA BHAVAN, MANAKKARA,
SASTHAMCOTTA, KOLLAM DISTRICT,, PIN - 690521
BY ADVS. SHRI.V.PREMCHAND
SMT.SURYA MOHAN P.
SMT.HALIYA T.P.
RESPONDENTS/COMPLAINANT/STATE:
1 ANIYAN PILLAI
S/O GOPALAKRISHNAN PILLAI KATTUVILA VEEDU( ANI
BHAVAN),VENGA MURI, MYNAGAPALLY, KOLLAM DISTRICT,
PIN - 690521
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
2025:KER:48687
CRL.REV.PET NO. 526 OF 2023
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BY ADVS.
SHRI.S.RADHAKRISHNAN
SRI.ADITYA THEJUS KRISHNAN
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:48687
CRL.REV.PET NO. 526 OF 2023
3
P.V. KUNHIKRISHNAN, J.
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Crl.R.P. No.526 of 2023
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Dated this the 03rd day of July, 2025
ORDER
This Criminal Revision Petition is filed seeking the following reliefs:
To set aside the judgments of the courts below, acquit the petitioner herein and allow this criminal revision.
(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.800/2013 on the file of the Judicial First Class Magistrate Court, Sasthamcotta. 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 2025:KER:48687 CRL.REV.PET NO. 526 OF 2023 4 petitioner is guilty under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,25,000/- (Rupees One Lakh twenty five thousand only). In default of payment of the fine amount, 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 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 2025:KER:48687 CRL.REV.PET NO. 526 OF 2023 5 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 three months and to pay a fine of Rs.1,25,000/- (Rupees One Lakh twenty five thousand only) with a default sentence. Admittedly, it is a money transaction which leads to the prosecution. In such circumstances, I am of the considered opinion that a 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 2025:KER:48687 CRL.REV.PET NO. 526 OF 2023 6 court and to pay a fine of Rs.1,25,000/- (Rupees One Lakh twenty five thousand only). In default of payment of fine, the petitioner is directed to undergo simple imprisonment for three months. If the fine amount is deposited, the same shall be paid to the 1st respondent under Section 357(1)(b) Cr.P.C.
3. Five months time is granted to pay the amount and to serve the sentence.
4. If any amount is already deposited before the trial court, the same will be adjusted towards the fine amount, and the same should be disbursed to the 1 st respondent in accordance with law.
4. Coercive steps against the petitioner shall be kept in abeyance during the above period.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE