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Kerala High Court
Saseendran Aryan vs Shajith K.V on 19 February, 2026
2026:KER:14974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
CRL.REV.PET NO.1037 OF 2018
AGAINST THE JUDGMENT DATED 30.05.2018 IN Crl.A NO.295
OF 2013 OF ADDITIONAL SESSIONS COURT - II, THALASSERY
ARISING OUT OF THE JUDGMENT DATED 23.08.2013 IN
STC NO.396 OF 2009 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, THALASSERY
REVISION PETITIONER/APPELLANT/ACCUSED:
SASEENDRAN ARYAN
AGED 63 YEARS, S/O.KUNJIKANNAN, BUSINESS,
PERIYA KANDIYIL HOUSE, P.O.MUTHIYANGA,
PIN - 670 691, PATTIYAM AMSOM, MUTHIYANGA DESOM,
THALASSERY TALUK, KANNUR DISTRICT
BY ADVS.
SRI.T.ASAFALI
SMT.LALIZA.T.Y.
RESPONDENTS/COMPLAINANT & STATE:
1 SHAJITH K.V.,
AGED 42 YEARS, S/O.VALSALAN,
RESIDING AT SREYAS, PUNNAD P.O. 670703,
IRITTY, KANNUR DISTRICT.
2 STATE OF KERALA
(SUB INSPECTOR OF POLICE, KATHIROOR POLICE STATION)
KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031
BY ADV.
SRI.R.SURENDRAN
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Crl.Rev.Pet.No.1037 of 2018
-2-
SRI.RENJIT GEORGE, SR PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 19.02.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Crl.Rev.Pet.No.1037 of 2018
-3-
G. GIRISH, J.
--------------------------------
Crl.Rev.Pet.No.1037 of 2018
--------------------------------------
Dated this the 19th day of February, 2026
ORDER
The concurrent verdicts of the Judicial First Class Magistrate
Court, Thalassery, and the Additional Sessions Court- II, Thalassery,
in STC No.396 of 2009 and in Crl.A.No.295 of 2013 respectively,
convicting and sentencing the petitioner for the commission of the
offence under Section 138 of the Negotiable Instruments Act, are
under challenge in this revision petition.
2. The case relates to the dishonour of a cheque executed
and issued by the petitioner for an amount of Rs.3 lakh to the
complainant, and the failure of the petitioner to make payment of
the cheque amount despite the receipt of statutory notice.
3. Before the Trial Court, the complainant tendered
evidence as PW1, and seven documents were marked as Exts.P1 to
P7. The petitioner / accused did not choose to adduce any evidence
before the Trial Court. After analysing the aforesaid evidence, the
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learned Magistrate came to the conclusion that the complainant has
successfully established the commission of the offence under Section
138 of the Negotiable Instruments Act by the petitioner / accused.
The Appellate Court made a re-appraisal of the aforesaid evidence
and concurred with the findings of the learned Magistrate. The
sentence awarded by the learned Magistrate, which has been upheld
in appeal, is fine of Rs.3 lakh with a default clause of Simple
Imprisonment for four months. It was further directed that the fine
amount, if realised, shall be paid as compensation to the
complainant under Section 357(1) Cr.P.C.
4. On going through the reasoning adopted by the Trial
Court and the Appellate Court in the impugned judgments, and also
the facts revealed from the case records, I am of the view that there
is absolutely no scope for interference with the concurrent findings
of the courts below in exercise of the revisional powers of this Court.
The learned counsel for the petitioner submitted that the petitioner
is under severe financial constraints, and hence a period of ten
months' time may be granted to the petitioner to make payment of
the fine amount. The learned counsel for the complainant submitted
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that the complainant is amenable for affording a period of ten
months to the petitioner to pay the fine amount Rs.3,00,000/-. The
learned counsel for the complainant further submitted that, if the
petitioner had already deposited any portion of the fine imposed by
the courts below before the Trial Court, the complainant may be
permitted to withdraw the aforesaid amount. It appears that the
request in the above regard is perfectly justifiable, and deserves to
be allowed.
In the result, the revision stands disposed of as follows :-
(i) The concurrent findings of the courts below,
convicting the petitioner for the commission of the offence
under Section 138 of the Negotiable Instruments Act, and
sentencing him to pay fine Rs.3,00,000/- (Rupees three lakh
only) with a default clause of Simple Imprisonment for four
months, are hereby confirmed.
(ii) The fine amount, if realised, shall be paid to the
complainant as compensation under Section 357(1) Cr.P.C.
(iii) The petitioner / accused is granted a period of
ten months from today to make payment of the fine amount.
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(iv) It is made clear that, if the petitioner had
already deposited any amount as a condition precedent for
admitting the appeal or revision, the petitioner need make
payment of the balance amount only after adjusting the
aforesaid amount already paid, with the fine amount of
Rs.3 lakh.
(v) The complainant / 1st respondent will be entitled
to receive the amount already deposited by the petitioner
before the Trial Court, upon an appropriate application being
filed before that Court.
(vi) The balance fine amount, as and when
deposited, shall also be paid to the complainant as
compensation as directed above.
(vii) The Trial Court shall keep in abeyance all
proceedings against the petitioner for a period of ten months
from today to enable him to remit the fine amount in
accordance with this order.
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Registry shall transmit the case records, along with a copy of
this order, to the Trial Court forthwith for enforcing the sentence in
compliance with this order.
Sd/-
G. GIRISH
JUDGE
ded/19.02.2026
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APPENDIX OF CRL.REV.PET NO. 1037 OF 2018
PETITIONER ANNEXURES
ANNEXURE P1 TRUE COPY OF THE COMPLAINT IN STC NO.
396/2009 DT. 1.9.2008 FILED BEFORE THE COURT
OF JUDL.I CLASS MAGISTRATE, THALASSERY.
ANNEXURE P2 A TRUE COPY OF THE CHIEF AFFIDAVIT OF PW-1
DT. 18TH AUG 2012 MADE IN STC NO. 396/2009
DT.1.9.2008 FILED BEFORE THE COURT OF JUDL.
CLASS MAGISTRATE, THALASSERY.
ANNEXURE P3 THE CERTIFIED COPY DEPOSITION OF PW-1 (CROSS
PORTION) DT. 18TH AUG. 2018 IN STC NO.
396/2009 DT. 1.9.2008 FILED BEFORE THE COURT
OF JUDL. CLASS MAGISTRATE, THALASSERY, HIS
CROSS EXAMINATION PORTION.
ANNEXURE P4 CERTIFIED COPY OF THE JUDGMENT DT. 23.8.2013
MADE IN STC NO. 396/2009 ON THE FILE OF THE
COURT OF JUDL. CLASS MAGISTRATE, THALASSERY.
ANNEXURE P5 CERTIFIED COPY OF THE JUDGMENT DT. 30TH MAY
2018 MADE IN CRIMINAL APPEAL NO. 295/2013 ON
THE FILE OF THE COURT OF SESSION JUDGE,
THALASSERY.
