Kerala High Court
Joy M C vs Jose Jacob on 1 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.Rev.Pet. No.749 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. 749 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 04.04.2024 IN Crl.A
NO.221 OF 2023 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL
APPELLATE AUTHORITY I, KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED 02.09.2023 IN CC NO.435 OF 2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, THAMARASSERY
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
JOY M C
AGED 54 YEARS
S/O.LATE CHACKKO, MEZHUKANAL HOUSE, CHEMMARAPATTA,
KAITHAPOYIL PO, THAMARASSERY, KOZHIKODE DISTRICT,
PIN - 673586
BY ADVS.
SRI.JIKKU SEBAN GEORGE
SMT.DEEPTI SUSAN GEORGE
RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE:
1 JOSE JACOB
AGED 57 YEARS
S/O. JACOB, THEKKEYIL HOUSE, MANALVAYAL,
MAYILALLAMPARA PO, THAMARASSERY, KOZHIKODE DISTRICT,
PIN - 673579
Crl.Rev.Pet. No.749 of 2024
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2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
SRI.MATHEW KURIAKOSE
SHRI.K.R.ARUN
SRI.T.G.SUNIL (PERUMBAVOOR)
SHRI.C.N.PRAKASH
SHRI.MONI GEORGE
SHRI.SHAJI P.K.
SHRI.ARUN.S.
SMT.PREETHU JAGATHY
SR PP, SRI. HRITHWIK C S
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.749 of 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
Crl.Rev.Pet. No.749 of 2024
-------------------------------
Dated this the 01st day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the
following reliefs:
"i. Call for records relating to CC.No.435/2018
from Judicial First-Class Magistrates Court -- I,
Thamarassery and Crl. Appeal No.221/2023 from the Court
of Sessions Kozhikode Division and examine the legality,
propriety etc of those verdicts and set them aside.
ii. Pass an interim order suspending the conviction
and the sentence passed against the revision petitioner till
the disposal of the revision petition.
iii. To grant such other relief that may deemed just
proper."[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 C.C. No.435/2018 on
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the file of the Judicial First Class Magistrate Court-I,
Thamarassery. 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
pay a fine of Rs.2,94,586/- (Rupees Two lakhs ninety four
thousand five hundred and eighty six only). If the fine amount
is recovered or paid, there was a further direction to pay the
same to the complainant under Section 357(1) Cr.P.C. In default
of payment of fine, the petitioner was directed to undergo simple
imprisonment for three 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 and 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.
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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
dismissed, confirming the conviction and sentence imposed on
the petitioner as per the impugned judgment. Twelve months
time is granted to pay the amount and to serve the sentence.
If any amount is already deposited before the trial court,
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the same will be adjusted towards the compensation/fine
amount, and the same should be disbursed to the 1 st 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
