Kerala High Court
Balakrishnan K vs Aniyan Pillai on 3 July, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:48687
CRL.REV.PET NO. 526 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
CRL.REV.PET NO. 526 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN Crl.A NO.153 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOLLAM / IV
ADDL.M.A.C.T./ RENT CONTROL APPELLATE AUTHORITY ARISING OUT
OF THE ORDER/JUDGMENT DATED IN ST NO.800 OF 2013 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT - II, SASTHAMCOTTA
REVISION PETITIONER/APPELLANT/ACCUSED:
BALAKRISHNAN K,
AGED 56 YEARS
S/O KUNJIKILAVAN, INDIRA BHAVAN, MANAKKARA,
SASTHAMCOTTA, KOLLAM DISTRICT,, PIN - 690521
BY ADVS. SHRI.V.PREMCHAND
SMT.SURYA MOHAN P.
SMT.HALIYA T.P.
RESPONDENTS/COMPLAINANT/STATE:
1 ANIYAN PILLAI
S/O GOPALAKRISHNAN PILLAI KATTUVILA VEEDU( ANI
BHAVAN),VENGA MURI, MYNAGAPALLY, KOLLAM DISTRICT,
PIN - 690521
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
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CRL.REV.PET NO. 526 OF 2023
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BY ADVS.
SHRI.S.RADHAKRISHNAN
SRI.ADITYA THEJUS KRISHNAN
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:48687
CRL.REV.PET NO. 526 OF 2023
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
Crl.R.P. No.526 of 2023
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Dated this the 03rd day of July, 2025
ORDER
This Criminal Revision Petition is filed seeking the
following reliefs:
To set aside the judgments of the courts below,
acquit the petitioner herein and allow this criminal
revision.
(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. No.800/2013 on
the file of the Judicial First Class Magistrate Court,
Sasthamcotta. 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
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CRL.REV.PET NO. 526 OF 2023
petitioner is guilty under Section 138 of the NI Act and he was
sentenced to undergo simple imprisonment for three months
and to pay a fine of Rs.1,25,000/- (Rupees One Lakh twenty five
thousand only). In default of payment of the fine amount, 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.
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
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CRL.REV.PET NO. 526 OF 2023
the conviction 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
imposed under Section 138 of the NI Act.
5. What remains is the sentence imposed on the
petitioner. The sentence is simple imprisonment for three
months and to pay a fine of Rs.1,25,000/- (Rupees One Lakh
twenty five thousand only) with a default sentence. Admittedly,
it is a money transaction which leads to the prosecution. In
such circumstances, I am of the considered opinion that a
substantive sentence of imprisonment is not necessary. The
same can be set aside.
Therefore, this Criminal Revision Petition is allowed in
part in the following manner:
1. The conviction imposed on the petitioner as per the
impugned judgment is confirmed.
2. The sentence imposed on the petitioner as per the impugned
judgment is set aside, and the revision petitioner is
directed to undergo imprisonment till the rising of the
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CRL.REV.PET NO. 526 OF 2023
court and to pay a fine of Rs.1,25,000/- (Rupees One Lakh
twenty five thousand only). In default of payment of fine,
the petitioner is directed to undergo simple imprisonment
for three months. If the fine amount is deposited, the same
shall be paid to the 1st respondent under Section 357(1)(b)
Cr.P.C.
3. Five months time is granted to pay the amount and to serve
the sentence.
4. If any amount is already deposited before the trial court,
the same will be adjusted towards the fine amount, and the
same should be disbursed to the 1 st respondent in
accordance with law.
4. Coercive steps against the petitioner shall be kept in
abeyance during the above period.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
