Kerala High Court
Sunny George vs P.K.Pramod on 2 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.Rev.Pet. No.1145 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
CRL.REV.PET NO. 1145 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.05.2024 IN Crl.A
NO.329 OF 2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
III, THALASSERY ARISING OUT OF THE ORDER/JUDGMENT DATED
07.11.2019 IN ST NO.479 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, MATTANNUR
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
SUNNY GEORGE
AGED 58 YEARS
S/O GEORGE, R/AT MAILADIYIL HOUSE, COMPANYNIRATHU,
PAYAM POST, EDOOR VILLAGE, KANNUR DISTRICT,
PIN - 670704
BY ADVS.
SRI.S.JIJI
SMT.M.M.BABY
RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE:
1 P.K.PRAMOD
AGED 43 YEARS
S/O KANNAN NAIR, POOVATHUMKANDY HOUSE, KALLUVAYAL,
IRITTY P.O., KANNUR DISTRICT, PIN - 670703
Crl.Rev.Pet. No.1145 of 2024
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2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADVS.
SRI.A.L.NAVANEETH KRISHNAN
SHRI.ANSHIN K.K
SR PP, SRI. HRITHWIK C S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.Rev.Pet. No.1145 of 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
Crl.Rev.Pet. No.1145 of 2024
-------------------------------
Dated this the 02nd day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the
following reliefs:
"to allow this revision petition and the conviction
and sentence dated 07-11-2019 passed by the Judicial I
Class Magistrate Court, Mattannur in S.T.C. No. 479/2016
which was confirmed by the Judgment of Addl. Session's
Court-II Thalassery dated 15-05-2024 in Crl. Appeal No.
329/2019 may be set aside and the petitioner may be
acquitted and set at liberty, 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.C No.479/2016 on
the file of the Judicial First Class Magistrate Court, Mattannur. It
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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 till rising of court and to pay a fine of
Rs.2,58,845/- (Rupees Two lakhs fifty eight thousand eight
hundred and forty five only). If the fine amount is realized,
there was a direction to pay the same to the complainant under
Section 357(1) Cr.P.C. In default of payment of fine amount, the
petitioner was directed to undergo simple imprisonment for six
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
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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 dismissed,
confirming the conviction and sentence imposed on the
petitioner as per the impugned judgment. Ten months time is
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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 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
