Sam Kuruvila vs L.S.Ajoy
2024 Latest Caselaw 6081 Ker

Kerala High Court

Sam Kuruvila vs L.S.Ajoy on 23 February, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                   CRL.REV.PET NO. 727 OF 2020
   AGAINST THE JUDGMENT IN CRL.A 95/2017 OF ADDITIONAL SESSIONS
                        COURT-I,MAVELIKKARA
 CC 38/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHENGANNUR
REVISION PETITIONER/APPELLANT/ACCUSED:

          SAM KURUVILA
          AGED 53 YEARS
          S/O.KURUVILA, MAZHUVANCHERITHARAYIL,
          ERAVUPEROOR POST, THIRUVALLA,
          PATHANAMTHITTA DISTRICT.

          BY ADV UNNI SEBASTIAN KAPPEN



RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:

    1     L.S.AJOY
          AGED 53 YEARS
          S/O.SUKUMARAN NAIR,
          THIRUVONAM (LEKSHMI VILASAM),
          KEEZHCHERIMEL MURI, CHENGANNOOR VILLAGE,
          PATHANAMTHITTA DISTRICT-689 121.

    2     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

          R1 BY ADVS.
                     A.A.SHIBI
                     VIJU.P.VIJAYAN
          R2 BY ADV. C N PRABHAKARAN,SENIOR PUBLIC PROSECUTOR



     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   CRL.REV.PET NO. 727 OF 2020
                                      2

                                  ORDER

There is no much dispute pertaining to the

concurrent judgment of conviction by the trial court

and the First Appellate Court by the revision

petitioner. But, the learned counsel for the revision

petitioner submitted that the substantive sentence

was also ordered, especially in a statutorily created

offence under Section 138 of the Negotiable

Instruments Act. The legal position has now become

settled and stagnant, and as such, the substantive

sentence ordered will stand set aside by confirming

the sentence of a fine of Rs.15 Lakhs, in default, to

undergo simple imprisonment for three months. On

recovery of the fine amount, it shall be released to

the complainant under Section 357 (1) (b) Cr.P.C.

The Criminal Revision Petition will stand

allowed in part by modifying the sentence as above.

Sd/-

P.SOMARAJAN JUDGE SPV