[Cites 3, Cited by 0]
Kerala High Court
Fifa Builders(P) Ltd vs M/S.Rds Project Ltd on 21 January, 2026
2026:KER:5164
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
CRL.REV.PET NO. 488 OF 2005
AGAINST THE JUDGMENT DATED 30.11.2004 IN Crl.A NO.463
OF 2003 OF VIth ADDITIONAL SESSIONS COURT, ERNAKULAM
ARISING OUT OF THE JUDGMENT DATED 08.04.2003
IN CC NO.1322 OF 1998 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT - I, ERNAKULAM
REVISION PETITIONERS/APPELLANT/ACCUSED :
1 FIFA BUILDERS(P) LTD
P.V.BO.801, XIII/1035, D FIRST FLOOR,
KARUVELIPADY, KOCHI - 682 005,
REPRESENTED BY C.A.NAZAR, MANAGING DIRECTOR.
2 C.A.NAZAR MANAGING DIRECTOR
FIFA BUILDERS PVT. LTD., P.B.NO.801, XIII/1035,
D FIRST FLOOR, KARUVELIPADY, KOCHI - 682 005,
RESIDING AT CHERIYIL HOUSE, H.NO.2/852,
C.P.CANAL ROAD, KOCHI - 1.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.T.P.ARAVIND
SMT.DIPA V.
SHRI.SARATH K.P.
SHRI.AZAD SUNIL
SHRI.K.S.KIRAN KRISHNAN
SHRI.MAHESWAR PADICKAL
SHRI.AKASH CHERIAN THOMAS
SHRI.ANILKUMAR C.R.
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Crl.Rev.Pet.No.488 of 2005
-2-
SMT.AKSHARA S.
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 M/S.RDS PROJECT LTD.,
RAIYAAN COMPLEX, PADMA JUNCTION,
M.G.ROAD, KOCHI - 682 035,
REPRESENTED BY K.RAVIANDRAN NAIR,
ADMINISTRATIVE MANAGER.
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY ADVS.
SMT.ASHA BABU
SRI.MARTHANDA VARMA PANDALAI.K
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 21.01.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Crl.Rev.Pet.No.488 of 2005
-3-
G. GIRISH, J.
-----------------------------
Crl.Rev.Pet.No.488 of 2005
-------------------------------------
Dated this the 21st day of January, 2026
ORDER
The petitioners herein were convicted and sentenced by
the Judicial First Class Magistrate Court - I, Ernakulam, in
C.C.No.1322 of 1998 for the commission of the offence under
Section 138 of the Negotiable Instruments Act. The 1st petitioner -
company (1st accused) was sentenced to pay fine Rs.5,000/- and the
2nd accused was sentenced to undergo Simple Imprisonment for six
months with a further direction to pay compensation Rs.14,000/-
under Section 357(3) Cr.P.C. The Appellate Court upheld the
aforesaid verdict of the learned Magistrate and dismissed the appeal.
Aggrieved by the aforesaid concurrent findings of the courts below,
the petitioners have filed this revision before this Court. Earlier, the
revision petition was dismissed for non-prosecution on 22.11.2010.
The aforesaid order was recalled on 11.12.2025 as per the orders
passed in Crl.M.A.Nos.1 and 2 of 2025.
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2. It was submitted by the learned counsel for the
complainant / 1st respondent on 11.12.2025 itself that the issue has
been amicably settled between the parties, and hence the
complainant has no subsisting grievances. Now that the
complainant - company, represented by its Managing Director, has
filed an affidavit reiterating the aforesaid settlement of the issue
between the petitioners and the complainant. It is stated in the
aforesaid affidavit that, the issue has been amicably settled with
receipt of an amount of Rs.5 lakhs from the 2nd revision petitioner
by way of demand draft dated 02.12.2025. In the aforesaid affidavit,
the complainant has requested to set aside the conviction and
sentence awarded upon the revision petitioners.
3. Heard the learned counsel for the revision petitioners,
the learned counsel for the 1st respondent / complainant and the
learned Public Prosecutor representing the State of Kerala.
4. The submissions of the learned counsel for the
complainant, and the averments in the affidavit filed by the
Managing Director of the complainant - company, would reveal that
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the private issue between the petitioners and the complainant in
connection with a money transaction, which gave rise to this case,
has been amicably settled between them. It is further revealed from
the records that the complainant has no subsisting grievance against
the petitioners, since the entire amount outstanding has been paid
by the petitioners. That being so, the enforcement of the sentence
awarded by the courts below would amount to travesty of justice.
Therefore, the prayer of the petitioners to set aside the conviction
and sentence awarded by the courts below, deserves to be allowed.
In the result, the revision petition stands allowed as follows :-
(i) The concurrent findings of the Judicial
First Class Magistrate Court - I, Ernakulam, and the
Additional Sessions Court - VI, Ernakulam, in
C.C.No.1322 of 1998 and Crl.A.No.463 of 2003
respectively, convicting and sentencing the petitioners
for the commission of offence under Section 138 of the
Negotiable Instruments Act, are hereby set aside.
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(ii) The petitioners are acquitted of the aforesaid
offence. Their bail bonds stand cancelled and they are
set at liberty.
Sd/-
G. GIRISH
JUDGE
ded/21.01.2026
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APPENDIX OF CRL.REV.PET NO.488 OF 2005
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE I ERNAKULAM
