Kerala High Court
Joseph Simson vs M/S. Home Teck Commercial Agencies Pvt. ... on 25 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:64724
CRL.REV.PET NO. 892 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
CRL.REV.PET NO. 892 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 30.06.2025 IN Crl.A
NO.304 OF 2021 OF ADDITIONAL DISTRICT & SESSIONS COURT - VII,
ERNAKULAM ARISING OUT OF THE ORDER/JUDGMENT DATED 04.12.2021
IN CC NO.8422 OF 2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT (N.I. ACT CASES), ERNAKULAM
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
JOSEPH SIMSON
AGED 45 YEARS
S/O. PETER GEORGE, RESIDING AT MANGOTTIL, KANAYARAM,
MANANTHAVADY PO, WAYANADU, PIN - 670645
BY ADVS.
SRI.ANOOP JOSEPH
SMT.ZERENE LINDA MITCHEL
SMT.ASWANI THUVVAKKADAN
SMT.K.K.DAJULA
RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE:
1 M/S. HOME TECK COMMERCIAL AGENCIES PVT. LTD.,
18/75(1), PARRY JUNCTION, THOPPUMPADY, KOCHI-
682005, REP. BY MANAGER- ACCOUNTS, MR. MURALI K.I.,
S/O. LATE KRISHNAN NAMBOODIRIPADU, AGED 64 YEARS
2025:KER:64724
CRL.REV.PET NO. 892 OF 2025
2
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV. SMT. S SEETHA SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 25.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:64724
CRL.REV.PET NO. 892 OF 2025
3
P.V.KUNHIKRISHNAN, J
------------------------------------------
Crl.Rev.Pet. No.892 of 2025
-------------------------------------------
Dated this the 25th day of August, 2025
ORDER
The above Criminal Revision Petition is filed seeking the
following reliefs:
"to call for and examine the records pertaining to
the Judgment dated 30.06.2025 in Crl. Appeal No.
304/2021 passed vide common Judgment dated
30.06.2025 in Crl. Appeal No. 304/2021 & Crl. Appeal No.
305/2021 on the file of the Court of Additional Sessions
Judge-VII, Ernakulam Division and the Judgment dated
04.12.2021 in C.C. No. 8422/2016 passed vide Common
Judgment dated 04.12.2021 in C.C. No. 8421/2016 & C.C.
No. 8422/2016 on file of the Judicial First Class
Magistrate's Court (NI Act cases), Ernakulam for the
purpose of satisfying itself as to the correctness, legality
and propriety of the said Judgments and set aside the
same, acquit the revision petitioner thus rendering
justice."[SIC]
2. This Criminal Revision Petition is filed against
the finding of conviction and sentence imposed on the Revision
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CRL.REV.PET NO. 892 OF 2025
petitioner by the trial court and the appellate court. The
Revision petitioner is the accused in C.C. No.8422/2016 on the
file of the Judicial First Class Magistrate Court (N.I. Act cases),
Ernakulam. 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 a period of three months and
to pay a fine of Rs.2,83,458/- (Rupees Two lakh eighty three
thousand four hundred and fifty eight only). If the fine amount
is realized, there was a further direction to pay the same to the
complainant as compensation under Section 357(1) Cr.P.C. 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 Additional Sessions Court-VII, Ernakulam as Crl.
Appeal No.304/2021. The appellate court, after re-appreciating
the evidence, confirmed the conviction and modified the
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CRL.REV.PET NO. 892 OF 2025
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 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 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 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
imposed under Section 138 of the NI Act. As far as the
sentence is concerned, it is already modified by the appellate
court and the sentence remains is to undergo simple
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CRL.REV.PET NO. 892 OF 2025
imprisonment till the rising of the court and to pay a fine of
Rs.2,83,458/- to the complainant with a default sentence of one
month. I see no reason to interfere with the same also.
Therefore, this Criminal Revision Petition is dismissed,
confirming the conviction and sentence imposed on the
petitioner as per the impugned judgment. At this stage, the
counsel for the petitioner seeks some time for payment of the
fine amount. Twelve months time is granted to pay the
amount and to serve the sentence. 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 fine amount, and
the same should be disbursed to the 1st Respondent in
accordance with law.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
