Kerala High Court
O. Balakrishnan vs Raj Kumar. O on 26 June, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
CRL.REV.PET NO. 1149 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 27.07.2023 IN Crl.A
NO.34 OF 2023 OF SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS
FOR TRIAL OF MARADU CASES, KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED 04.02.2023 IN ST NO.1653 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
O.BALAKRISHNAN
AGED 77 YEARS
S/O. LATE B. GOVINDANKUTTY NAIR, , RANJINI HOUSE,
PUTHUKODE P.O., MALAPPURAM., PIN - 673633
BY ADVS.
SRI.E.G.GORDEN
SHRI.S.K.KRISHNAKUMAR
SMT.V.M.MARY HARSHA
RESPONDENTS/RESPONDENTS & STATE /COMPLAINANT:
1 RAJ KUMAR. O
AGED 49 YEARS
S/O. LATE E.P. UNNIKKANNAN, PRASANTHI HOUSE,
KEEZHISSERI, KUZHIMANNA P.O., MALAPPURAM,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
*[INDIRA OTHAYIL, W/O. LATE E.P. UNNIKKANNAN,
AGED 71 YEARS, PRASANTHI HOUSE, KEEZHISSERI,
KUZHIMANNA P.O., MALAPPURAM., PIN - 673641] *
DIED
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
NEW POWER OF ATTORNEY HOLDER SUBSTITUTED AS PER
ORDER DATED 25.06.25 IN CRL.MA 2/25
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
SUBSTITUTED POWER OF ATTORNEY HOLDER FOR 1ST
RESPONDENT
SANDEEP N, AGED 32 YEARS, S/O.LATE ASOKAN,
VALAPPIL HOUSE, PALATH, CHELANNUR,
KOZHIKODE DISTRICT - 673611
NEW POWER OF ATTORNEY FOR 1ST RESPONDENT AS PER
ORDER DATED 25.06.2025 IN CRL.MA 2/2025 IN CRL.RP
1149/2023.
BY ADVS.
SHRI. JEFRIN JOSE
SMT.JASMINE LIGY
SMT.ARCHANA K.S.
SRI HRITHWIK CS, SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 26.06.2025, ALONG WITH Crl.Rev.Pet.1166/2023,
1168/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
CRL.REV.PET NO. 1166 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 27.07.2023 IN Crl.A
NO.37 OF 2023 OF ADDITIONAL DISTRICT COURT (SPECIAL COURT
FOR TRIAL FOR MARADU CASES) KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED 04.02.2023 IN ST NO.1656 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
O. BALAKRISHNAN
AGED 71 YEARS
S/O. LATE B. GOVINDANLOUTTY NAIR, RANJINI HOUSE,
PUTHUKODE P.O., MALAPPURAM, PIN - 673633
BY ADVS.
SRI.E.G.GORDEN
SHRI.S.K.KRISHNAKUMAR
SMT.V.M.MARY HARSHA
RESPONDENTS/RESPONDENTS & STATE /COMPLAINANT:
1 RAJ KUMAR. O
AGED 49 YEARS
S/O. LATE E.P. UNNIKKANNAN, PRASANTHI HOUSE,
KEEZHISSERI, KUZHIMANNA P.O., MALAPPURAM,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
*[INDIRA OTHAYIL, W/O. LATE E.P. UNNIKKANNAN,
AGED 71 YEARS, PRASANTHI HOUSE, KEEZHISSERI,
KUZHIMANNA P.O., MALAPPURAM., PIN - 673641] *
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
DIED
NEW POWER OF ATTORNEY HOLDER SUBSTITUTED AS PER
ORDER DATED 25.06.25 IN CRL.MA 2/25
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
SUBSTITUTED POWER OF ATTORNEY HOLDER FOR 1ST
RESPONDENT
SANDEEP N, AGED 32 YEARS, S/O.LATE ASOKAN,
VALAPPIL HOUSE, PALATH, CHELANNUR,
KOZHIKODE DISTRICT - 673611
NEW POWER OF ATTORNEY FOR 1ST RESPONDENT AS PER
ORDER DATED 25.06.2025 IN CRL.MA 2/2025 IN CRL.RP
1166/2023.
BY ADVS.
SMT.ARCHANA K.S.
SHRI. JEFRIN JOSE
SHRI.MANU J MANGALATHIL
SMT.SEETHA S, SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 26.06.2025, ALONG WITH Crl.Rev.Pet.1149/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
CRL.REV.PET NO. 1168 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 27.07.2023 IN Crl.A
NO.35 OF 2023 OF ADDITIONAL DISTRICT COURT (SPECIAL COURT
FOR TRIAL FOR MARADU CASES) KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED 04.02.2023 IN ST NO.1654 OF 2017 OF
SPECIAL COURT OF JUDICIAL FIRST CLASS MAGISTRATE FOR THE
TRIAL OF CASES UNDER SECTION138 OF NI ACT, 1881, KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
O. BALAKRISHNAN
AGED 77 YEARS
S/O. LATE B. GOVINDANKUTTY NAIR RANJINI HOUSE,
PUTHUKODE P.O., MALAPPURAM, PIN - 673633
BY ADVS.
SRI.E.G.GORDEN
SHRI.S.K.KRISHNAKUMAR
SMT.V.M.MARY HARSHA
RESPONDENTS/RESPONDENTS & STATE /COMPLAINANT:
1 RAJ KUMAR. O
AGED 49 YEARS
S/O. LATE E.P. UNNIKKANNAN, PRASANTHI HOUSE,
KEEZHISSERI, KUZHIMANNA P.O., MALAPPURAM,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
*[INDIRA OTHAYIL, W/O. LATE E.P. UNNIKKANNAN,
AGED 71 YEARS, PRASANTHI HOUSE, KEEZHISSERI,
KUZHIMANNA P.O., MALAPPURAM., PIN - 673641] *
DIED
NEW POWER OF ATTORNEY HOLDER SUBSTITUTED AS PER
ORDER DATED 25.06.25 IN CRL.MA 2/25
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
SUBSTITUTED POWER OF ATTORNEY HOLDER FOR 1ST
RESPONDENT
SANDEEP N, AGED 32 YEARS, S/O.LATE ASOKAN,
VALAPPIL HOUSE, PALATH, CHELANNUR,
KOZHIKODE DISTRICT - 673611
NEW POWER OF ATTORNEY FOR 1ST RESPONDENT AS PER
ORDER DATED 25.06.2025 IN CRL.MA 2/2025 IN CRL.RP
1168/2023.
BY ADVS.
SMT.ARCHANA K.S.
SHRI. JEFRIN JOSE
SHRI.MANU J MANGALATHIL
SMT.SEETHA S, SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 26.06.2025, ALONG WITH Crl.Rev.Pet.1149/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
CRL.REV.PET NO. 1170 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 04.02.2023 IN ST
NO.1655 OF 2017 OF SPECIAL COURT OF JUDICIAL FIRST CLASS
MAGISTRATE FOR THE TRIAL OF CASES UNDER SECTION138 OF NI
ACT, 1881, KOZHIKODE ARISING OUT OF THE ORDER/JUDGMENT
DATED 27.07.2023 IN Crl.A NO.36 OF 2023 OF ADDITIONAL
DISTRICT COURT (SPECIAL COURT FOR TRIAL FOR MARADU CASES)
KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
O. BALAKRISHNAN
AGED 77 YEARS
S/O. LATE B. GOVINDANKUTTY NAIR, RANJINI HOUSE,
PUTHUKODE P.O., MALAPPURAM., PIN - 673633
BY ADVS.
SRI.E.G.GORDEN
SHRI.S.K.KRISHNAKUMAR
SMT.V.M.MARY HARSHA
RESPONDENTS/RESPONDENTS & STATE /COMPLAINANT:
1 RAJ KUMAR. O
AGED 49 YEARS
S/O. LATE E.P. UNNIKKANNAN, PRASANTHI HOUSE,
KEEZHISSERI, KUZHIMANNA P.O., MALAPPURAM,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
*[INDIRA OTHAYIL, W/O. LATE E.P. UNNIKKANNAN,
AGED 71 YEARS, PRASANTHI HOUSE, KEEZHISSERI,
KUZHIMANNA P.O., MALAPPURAM., PIN - 673641] *
DIED
NEW POWER OF ATTORNEY HOLDER SUBSTITUTED AS PER
ORDER DATED 25.06.25 IN CRL.MA 2/25
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
SUBSTITUTED POWER OF ATTORNEY HOLDER FOR 1ST
RESPONDENT
SANDEEP N, AGED 32 YEARS, S/O.LATE ASOKAN,
VALAPPIL HOUSE, PALATH, CHELANNUR,
KOZHIKODE DISTRICT - 673611
NEW POWER OF ATTORNEY FOR 1ST RESPONDENT AS PER
ORDER DATED 25.06.2025 IN CRL.MA 2/2025 IN CRL.RP
1170/2023.
BY ADVS.
SMT.ARCHANA K.S.
SHRI. JEFRIN JOSE
SHRI.MANU J MANGALATHIL
SMT.SEETHA S, SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 26.06.2025, ALONG WITH Crl.Rev.Pet.1149/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
P.V. KUNHIKRISHNAN, J.
--------------------------------
Crl.R.P. Nos. 1149, 1166, 1168 & 1170 of 2023
----------------------------------------------
Dated this the 26th day of June, 2025
ORDER
These revision petitions are filed challenging the conviction
and sentence imposed by the trial court which is confirmed by
the appellate court in a proceedings under Section 138 of the
Negotiable Instruments Act. The case was referred for
mediation. Now the matter is settled in the mediation and a
memorandum of settlement is filed signed by both sides. A
separate compounding petition is also filed by the 1 st respondent
complainant stating that the matter is settled and the parties do
not intend to prosecute the matter.
2. In the light of the same, I think the impugned
judgments can be set aside. The counsel for the 1 st respondent
in these cases submitted that the amount deposited by the
petitioner before the trial court may be allowed to withdraw by
the new Power of Attorney holder whose name is Sandeep N.
The revision petitioner has no objection for the same. If that is
the case, these revision petitions can be allowed
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
Therefore, these revision petitions are allowed with
following directions:
1. Crl.M.A. No.3/2025 in Crl.R.P. No.1149/2023 is
allowed. The judgment dated 27.07.2023 in Crl.
Appeal No.34/2023 on the file of the Court of
Session, Kozhikode Division and the judgment
dated 04.02.2023 in S.T. No.1653/2017 on the
file of the Court of Special Judicial First Class
Magistrate (N.I.Act Cases), Kozhikode are set
aside.
2. Crl.M.A. No.3/2025 in Crl.R.P. No.1166/2023 is
allowed. The judgment dated 27.07.2023 in Crl.
Appeal No.37/2023 on the file of the Court of
Session, Kozhikode Division and the judgment
dated 04.02.2023 in S.T. No.1656/2017 on the
file of the Court of Special Judicial First Class
Magistrate (N.I.Act Cases), Kozhikode are set
aside.
3. Crl.M.A. No.3/2025 in Crl.R.P. No.1168/2023 is
allowed. The judgment dated 27.07.2023 in Crl.
Appeal No.35/2023 on the file of the Court of
2025:KER:46246
Crl.Rev.Pet No.1149/2023 & C.CASES
Session, Kozhikode Division and the judgment
dated 04.02.2023 in S.T. No.1654/2017 on the
file of the Court of Special Judicial First Class
Magistrate (N.I.Act Cases), Kozhikode are set
aside.
4. Crl.M.A. No.3/2025 in Crl.R.P. No.1170/2023 is
allowed. The judgment dated 27.07.2023 in Crl.
Appeal No.36/2023 on the file of the Court of
Session, Kozhikode Division and the judgment
dated 04.02.2023 in S.T. No.1655/2017 on the
file of the Court of Special Judicial First Class
Magistrate (N.I.Act Cases), Kozhikode are set
aside.
5. The amount if any deposited before the trial
court shall be released to Sandeep N, who is the
new Power of Attorney, on production of the
Power of Attorney before the court concerned.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
