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Kerala High Court
Sunoj.P.P vs State Of Kerala on 1 December, 2025
2025:KER:92606
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
CRL.REV.PET NO.103 OF 2019
AGAINST THE JUDGMENT DATED 22.11.2018 IN Crl.A NO.124 OF
2015 OF THE COURT OF SESSIONS, MANJERI DIVISION
ARISING OUT OF THE JUDGMENT DATED 31.03.2015 IN ST NO.477
OF 2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, TIRUR
REVISION PETITIONER/APPELLANT:
SUNOJ.P.P.,
AGED 41 YEARS, S/O. BALAKRISHNAN,
PADINHERE PURAKKAL HOUSE, VETTOM P.O.,
TIRUR, MALAPPURAM DISTRICT.
BY ADV.
SRI.K.RAKESH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031.
2 SREE GOKULAM CHIT AND FINANCE CO. PVT. LTD.,
NO.6, ARCOT ROAD, CHENNAI, PIN - 680 024,
REPRESENTED BY SJAJI K.P., S/O NARAYANAN,
ASSISTANT BUSINESS MANAGER.
BY ADV.
SHRI.K.VIDYASAGAR
SRI.RENJIT GEORGE, SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 01.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:92606
Crl.Rev.Pet.No.103 of 2019
-2-
G. GIRISH, J.
--------------------------------
Crl.Rev.Pet.No.103 of 2019
-----------------------------------------
Dated this the 1st day of December, 2025
ORDER
The petitioner is the accused in S.T.No.477 of 2012 on the files
of the Judicial First Class Magistrate Court - I, Tirur. He was
convicted and sentenced by the learned Magistrate under Section
138 of the Negotiable Instruments Act to imprisonment till the rising
of court with a direction to pay compensation of Rs.68,900/- to the
complainant with a default clause of Simple Imprisonment for three
months. In the appeal filed by the petitioner herein, the learned
Sessions Judge, Manjeri, modified the sentence portion to fine of
Rs.68,900/- with a default clause of Simple Imprisonment for three
months. Aggrieved by the above concurrent findings of the courts
below, the petitioner is here before this Court with this revision.
2. Heard the learned counsel for the petitioner and the
learned counsel for the 2nd respondent.
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3. The case relates to the dishonour of a cheque for an
amount of Rs.68,900/-, which the petitioner is said to have executed
and issued towards the discharge of a debt, which he incurred with
the complainant. The statutory requirements envisaged under
Sections 138 and 142 of the Negotiable Instruments Act were duly
complied by the complainant / 2nd respondent. Before the Trial Court,
two witnesses were examined from the part of the complainant as
PWs 1 and 2, and 13 documents were marked as Exts.P1 to P13.
The petitioner did not opt to adduce any defence evidence.
4. After the evaluation of the aforesaid evidence, the
learned Magistrate concluded that the complainant had successfully
established that the petitioner committed the offence under Section
138 of the Negotiable Instruments Act. Accordingly, he was
convicted and sentenced to imprisonment till the rising of court with
a direction to pay the compensation of Rs.68,900/- to the
complainant. The Appellate Court made a re-appraisal of the
evidence and found that the findings of the learned Magistrate are
not liable to be interfered with. However, a slight modification was
made to the sentence portion by imposing a fine of Rs.68,900/-
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upon the petitioner and directing that the fine amount, if realised,
shall be paid to the complainant.
5. On going through the case records, it is seen that there
is absolutely no reason to interfere with the concurrent findings of
the courts below regarding the offence alleged against the petitioner.
The sentence awarded is also found reasonable. However, the
learned counsel for the petitioner submitted that, out of the above
amount of Rs.68,900/-, which the Appellate Court imposed as fine,
the petitioner had already paid Rs.32,900/- to the complainant and
that the balance amount due is only Rs.36,000/-. Accordingly, it is
submitted by the learned counsel representing both sides that the
compensation amount ordered to be paid by the Trial Court could be
modified as Rs.36,000/-, taking into account the subsequent
development in the case. The learned counsel for the petitioner
submitted that a breathing time may be granted to the petitioner to
make payment of the aforesaid amount, since he is reeling under
severe financial difficulties.
6. Having regard to the aforesaid submission of the learned
counsel representing both sides, as well as the facts and
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circumstances of the case, I deem it appropriate to dispose of this
revision petition as follows : -
(i) The concurrent findings of the courts below,
convicting the petitioner for the commission of the offence
under Section 138 of the Negotiable Instruments Act, are
hereby confirmed.
(ii) In supersession of the sentence awarded by
the courts below, the petitioner is sentenced to
imprisonment till the rising of court with a direction to pay
compensation of Rs.36,000/- (Rupees thirty six thousand
only) to the complainant / 2nd respondent under Section
357(3) Cr.P.C.
(iii) In default of payment of compensation as
directed above, the petitioner will undergo Simple
Imprisonment for a term of three months.
(iv) The petitioner is granted a period of three
months from today to surrender before the Trial Court and
to undergo the imprisonment till the rising of court, and
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to make payment of the compensation amount as
directed above.
The Registry shall transmit the case records to the Trial Court
along with a copy of this order.
Sd/-
G. GIRISH
JUDGE
ded/01.12.2025
