Varghese @ Thampi vs M.G.Mathew
2021 Latest Caselaw 15500 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                    CRL.REV.PET NO. 264 OF 2021

    AGAINST THE JUDGMENT DATED 15.02.2021 IN CRL.A 17/2018 OF
   ADDITIONAL SESSIONS COURT -I, PATHANAMTHITTA, ARISING FROM
     S.T.NO.2768/2015 ON THE FILES OF THE JUDICIAL FIRST CLASS
                 MAGISTRATE COURT-I, PATHANAMTHITTA

PETITIONER/APPELLANT/ACCUSED:

           VARGHESE @ THAMPI
           AGED 45 YEARS
           S/O. CHACKO, RESIDING AT KODINGAMPARAMPIL VEEDU,
           KOZHENCHERRY (P.O.), KEEZHUKARA, PATHANAMTHITTA
           DISTRICT, PIN-689641.

           BY ADVS.
           JACOB P.ALEX
           SRI.JOSEPH P.ALEX
           SHRI.MANU SANKAR P.



RESPONDENTS/RESPONDENTS/COMPLAINANTS:

    1      M.G.MATHEW
           AGED 75 YEARS
           S/O.GHEEVARGHESE, KOTTUPPALLIL VEEDU, KOZHENCHERRY
           (P.O.), KOZHENCHERRY, PATHANAMTHITTA, PIN-689641.

    2      STATE OF KERALA,
           REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

           R1 BY ADVS.
                      SHRI.M.V.S.NAMPOOTHIRY
                      SHRI.SHINTO THOMAS

           R2 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 264 OF 2021
                                2

                              ORDER

It is submitted by the learned counsel for

the appellant that in compliance with the order

passed by this Court, the entire fine amount was

deposited. A memo also filed in that behalf.

It is a matter pertaining to an offence under

Section 138 of the N.I.Act. Now the challenge

is against the sentence awarded alone. The

offence under Section 138 of the N.I. Act being

a statutorily created offence and an act of

MALUM PROHIBITUM (An act which is a wrong only

because made so by statute) and not a MALA IN SE

(A natural evil as adjudged by the sense of a

civilized community), a reformative approach in

the matter of substantial sentence has to be

adopted invariably in all cases unless, there is

warranting reasons. Hence the substantial

sentence is modified till the rising of the

court, for which the petitioner shall appear CRL.REV.PET NO. 264 OF 2021

before the trial court on 02.08.2021. The fine

amount deposited shall be released to the

complainant under Section 357 Cr.P.C.

The revision petition is allowed in part

accordingly.

Sd/-

P.SOMARAJAN

JUDGE SPV