Kerala High Court
Sabu vs Santhosh on 1 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.Rev.Pet. No.596 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.REV.PET NO. 596 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.01.2024 IN Crl.A
NO.37 OF 2022 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA
ARISING OUT OF THE ORDER/JUDGMENT DATED 29.12.2021 IN ST
NO.74 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III,
IRINJALAKUDA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
SABU
AGED 48 YEARS
S/O CHAKRAPANI, CHITTEKODATH HOUSE, CHERANELLUR
VILLAGE AND P.O. ERNAKULAM, PIN - 682034
BY ADV. SRI.P.S.SISHOY
RESPONDENT(S)/RESPONDENT/COMPLAINANT:
1 SANTHOSH
AGED 57 YEARS
S/O DAMODARAN, CHERAKKULAM HOUSE, IRINJALAKUDA
VILLAGE AND DESOM, IRINJALAKUDA NORTH P.O.,
MUKUNDAPURAM TALUK, PIN - 680125
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Crl.Rev.Pet. No.596 of 2024
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BY ADVS.
SRI.P.K.VARGHESE
SHRI.M.T.SAMEER
SHRI.JERRY MATHEW
SMT.DEEPA K.RADHAKRISHNAN
SMT.ANU ASHOKAN
SMT.DEVIKA K.R.
SMT.CHIPPY AMBUDAS
SMT.SEETHA S., SENIOR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.Rev.Pet. No.596 of 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
Crl.Rev.Pet. No.596 of 2024
-------------------------------
Dated this the 01st day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking
the following reliefs:
"a) to call for records leading to the impugned
judgment and allow this revision by setting aside the
judgment dated 15th January 2024 in Crl.Appeal No.
37/2022 passed by the Addl. Sessions Judge,
Irinjalakuda and consequently set aside the judgment
dated 29th December 2021 in S.T.No.74/2020 of the
Judicial First Class Magistrate -III, Irinjalakuda and
acquit the revision petitioner, in the interest of
justice."[SIC]
2. This Criminal Revision Petition is filed against
the concurrent finding of conviction and sentence imposed
on the Revision petitioner by the trial court and the appellate
court. The Revision petitioner is the accused in S.T.
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No.74/2020 on the file of the Judicial First Class Magistrate
Court-III, Irinjalakuda. 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 convicted under Section 255(2) Cr.P.C. and
sentenced to undergo simple imprisonment till rising of the
court and to pay a fine of Rs.3,00,000/- (Rupees Three lakhs
only) to the complainant as compensation under Section
357(1)(b) Cr.P.C. In default of payment of fine, the petitioner
was directed to undergo simple imprisonment for one
month. Aggrieved by the conviction and sentence, an
appeal is filed before the appellate court. The appellate
court, after re-appreciating the evidence, confirmed the
conviction and sentence imposed by the trial court. Hence,
this Criminal Revision Petition is filed.
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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 concurrent 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 concurrent 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 and sentence
imposed under Section 138 of the NI Act.
Therefore, this Criminal Revision Petition is
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dismissed, confirming the conviction and sentence imposed
on the petitioner as per the impugned judgments. Ten
months time is granted to pay the amount and to serve the
sentence.
If any amount is already deposited before the trial
court, the same will be adjusted towards the
compensation/fine amount, and the same should be
disbursed to the 1st Respondent in accordance with law.
Coercive steps against the petitioner shall be kept in
abeyance during the above period.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
