Kerala High Court
V.H.Muhammed Ashraf vs Arifamol.H on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.REV.PET NO. 461 OF 2024
JUDGMENT DATED 05.10.2023 IN ST NO.201/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS IV, PALAKKAD
JUDGMENT DATED 07.03.2024 IN CRA NO.173/2023 OF DISTRICT COURT &
SESSIONS COURT, PALAKKAD
REVISION PETITIONER/APPELLANT/ACCUSED:
V.H.MUHAMMED ASHRAF,
AGED 51 YEARS,
S/O.HUSSAIN, VETTILAKATH HOUSE, PATHIRIPALA, PERUR
POST, LAKKIDI PERUR, OTTAPALAM, PALAKKAD,
PIN - 678 642.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT & STATE:
1 ARIFAMOL.H,
AGED 38 YEARS,
W/O.ABDUL HAKEEM, KATTILPEEDIKA HOUSE, KODUNTHIRAPULLY,
PALAKKAD, PIN - 678 004.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682 031.
SMT. SHEEBA THOMAS, PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 461 OF 2024
2
ORDER
This Criminal Revision Petition is filed against the conviction
and sentence imposed on the petitioner as per judgment dated
05.10.2023 in S.T.No.201/2018 on the file of the Judicial First Class
Magistrate Court - IV, Palakkad and the judgment dated 07.03.2024
in Criminal Appeal No.173/2023 of the Sessions Court, Palakkad
Division.
2. The revision petitioner was convicted under Section 138 of
the Negotiable Instruments Act by the trial court and sentenced him
to undergo imprisonment for three months and to pay a fine of
Rs.7,70,000/-. The entire fine amount was directed to be realized and
paid to the complainant as compensation.
3. Aggrieved by the conviction and sentence, the petitioner
filed an appeal before the Sessions Court, Palakkad. The Sessions
Court considered the appeal and confirmed the conviction, but
reduced the sentence to till rising of court and to pay a fine of
Rs.4,82,000/-. For the non payment of fine, a default sentence of
three months is also imposed. If the fine amount is realized, there is
direction to pay the same to the complainant as compensation.
Aggrieved by the same, this Criminal Revision Petition is filed.
CRL.REV.PET NO. 461 OF 2024
4. Heard the learned counsel for the revision petitioner and
the learned Public Prosecutor.
5. After hearing the learned counsel for the revision
petitioner in detail, I see no reason to interfere with the conviction
and sentence imposed by the trial court and the appellate court. The
trial court and the appellate court considered the matter in detail and
thereafter passed the impugned judgments. The jurisdiction of this
Court to interfere with the same invoking the revisional jurisdiction is
limited. Therefore, I see no reason to interfere with the conviction
and sentence imposed by the trial court.
6. At this stage, the learned counsel for the revision
petitioner submits that some time may be granted to pay the amount.
I think some time can be granted to the petitioner.
Therefore, Criminal Revision Petition is disposed of with the
following directions:-
1) The conviction and sentence imposed by the Judicial First Class
Magistrate Court - IV, Palakkad in S.T.No.201/2018 as modified by
the Sessions Court, Palakkad in Criminal Appeal No.173/2023 is
confirmed.
2) The time to undergo the imprisonment till rising of court and to
CRL.REV.PET NO. 461 OF 2024
pay the fine as ordered by the appellate court in Criminal Appeal
No.173/2023 is extended for a further period of six months.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DK
