Kerala High Court
Rajeena Haris vs Sree Gokulam Chit & Finance (P) Ltd on 1 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:47787
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. 1248 OF 2024
AGAINST THE JUDGMENT DATED 22.09.2022 IN Crl.A
NO.77 OF 2019 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - IV PATHANAMTHITTA ARISING OUT OF THE JUDGMENT
DATED 16.10.2019 IN ST NO.334 OF 2015 OF CHIEF JUDICIAL
MAGISTRATE PATHANAMTHITTA
REVISION PETITIONER:
RAJEENA HARIS, AGED 38 YEARS
W/O. HARIS, MALAYIL KIZHAKKETHIL, CHERIYANADU
VILLAGE, CHENGANNOOR P.O, ALAPPUZHA DISTRICT.,
PIN - 689511
BY ADVS.
SHRI.BINU BABUKUTTAN
SHRI.VIDHU M.UNNITHAN
SHRI.AROMALUNNI M.S.
SHRI.RATHEESH C.
SHRI.HARI SANKAR V.
RESPONDENTS:
1 SREE GOKULAM CHIT & FINANCE (P) LTD.,
MARKET ROAD, KOZHENCHERRY, PATHANAMTHITTA,
REPRESENTED BY ITS DEPUTY MANAGER, SHYJU MATHEW
S/O. MATHEW JOSEPH AS P.A. HOLDER, PIN - 689641
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
Crl.Rev.Pet. No.1248 of 2024
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BY ADV SRI.RAJESH CHAKYAT
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
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Crl.Rev.Pet. No.1248 of 2024
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Dated this the 01st day of July, 2025
ORDER
The above Criminal Revision Petition is filed
seeking the following reliefs:
"i. Set aside the judgment dated 22.09.2022 in
Crl. Appeal No. 77/2019 on the files of the Addl.
Sessions & District Judge-IV, Pathanamthitta District
and against the order dated 16.10.2019 in ST No.
334/2015 on the files of the Chief Judicial
Magistrate, Pathanamthitta District and allow this
revision petition.
ii. Issue any other order or direction, which
this Hon'ble Court may deem fit and proper from
time to time for the Revision Petitioner to attain the
ends of justice"[SIC]
2. This Criminal Revision Petition is filed against
the 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.334/2015 on the file of the Chief Judicial Magistrate
Court-I, Pathanamthitta. 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 three months and to pay compensation
of Rs.2,00,000/-/- (Rupees Two Lakh only) to the
complainant under Section 357(3) Cr.P.C. In default of
payment of the compensation amount, the petitioner was
directed to undergo simple imprisonment for two months.
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
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and modified the 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,
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there is nothing to interfere with the conviction and
sentence imposed under Section 138 of the NI Act.
5. Therefore, this Criminal Revision Petition is
dismissed, confirming the conviction and sentence
imposed on the petitioner as per the impugned judgment.
six 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 Respondent in accordance with law.
Coercive steps against the petitioner shall be kept in
abeyance during the above period.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ds 01.07.2025
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APPENDIX OF CRL.REV.PET 1248/2024
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE JUDGEMENT
PRONOUNCED BY THE CHIEF JUDICIAL
MAGISTRATE COURT, PATHANAMTHITTA DATED
ON 16TH OF OCTOBER,2019
Annexure 2 THE CERTIFIED COPY OF THE JUDGEMENT
PRONOUNCED BY THE ADDITIONAL DISTRICT
AND SESSIONS JUDGE-IV, PATHANAMTHITTA
DATED ON 22ND OF SEPTEMBER,2022
