Kerala High Court
Sudheer Babu vs State Of Kerala on 7 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:49796
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
CRL.REV.PET NO. 958 OF 2024
AGAINST THE JUDGMENT DATED 21.08.2024 IN Crl.A NO.123 OF
2023 OF DISTRICT & SESSIONS COURT, MANJERI ARISING OUT OF THE
JUDGMENT DATED 31.03.2022 IN ST NO.157 OF 2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA
REVISION PETITIONER/APPELLANT/ACCUSED:
SUDHEER BABU
AGED 33 YEARS
S/O.HYDRU HAJI, AMADAN HOUSE, KUTTIYIL, VANIYAMBALAM
POST, WANDOOR, NILAMBUR TALUK MALAPPURAM DISTRICT, PIN
- 679339
BY ADVS.
SRI.P.P.BIJU
SMT.SAFNA P.S.
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 ABDURAHIMAN
AGED 61 YEARS, S/O.ALAVI, VADAKKAN HOUSE, PARAKKULAM,
VANIYAMBALAM POST, MALAPPURAM DISTRICT, PIN - 679339
SR PP SRI HRITHWIK C S
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.REV.PET NO.958 OF 2024
2
P.V.KUNHIKRISHNAN, J
--------------------------------
Crl.Rev.Pet. No.958 of 2024
-------------------------------
Dated this the 07th day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the
following relief:
"this Hon'ble court may be pleased to call for
the records, set aside the judgments in ST
No.157/2018 of Judicial First Class Magistrate
Court-II, Perinthalmanna dated 31.03.2022 and
confirming the conviction and sentence in
Crl.Appeal No.123/2023 of Sessions Court,
Manjeri dated 21.08.2024 passed by the trial
court and appellate court and acquit the
petitioner/accused to secure the ends 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. No.157/2018 on the file of
the Judicial First Class Magistrate Court-II, Perinthalmanna. 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
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CRL.REV.PET NO.958 OF 2024
the NI Act and he was sentenced to undergo simple imprisonment
for six months and to pay fine of Rs.3,99,000/- (Rupees Three
Lakhs Ninety Nine Thousand Only). In default of payment of the
fine 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 and sentence imposed by the trial court. Hence, this
Criminal Revision Petition is filed.
3. Heard the learned counsel appearing for the
Revision petitioner, learned counsel for the 2 nd respondent and
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
imposed on the petitioner. The trial court and the appellate court
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CRL.REV.PET NO.958 OF 2024
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 six months
and to pay fine of Rs.3,99,000/- (Rupees Three Lakhs Ninety Nine
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 court and to pay fine of Rs.3,99,000/-
(Rupees Three Lakhs Ninety Nine Thousand Only). In
default of payment of fine, the petitioner is directed to
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CRL.REV.PET NO.958 OF 2024
undergo simple imprisonment for two months. If the fine
amount is deposited, the same shall be paid to the 2nd
respondent under Section 357(3) Cr.P.C.
3. Twelve months time is granted to pay the amount and to
serve the sentence.
4. All coercive steps against the revision petitioner shall be
kept in abeyance during the above period.
5. 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 2nd respondent in
accordance with law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SSG
