Kerala High Court
Remsiya vs M.K. Ravindran Pillai on 21 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl. Rev. Pet. No.464 of 2024
2025:KER:54859
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
CRL.REV.PET NO. 464 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 30.11.2023 IN
Crl.A NO.3 OF 2021 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - III, PATHANAMTHITTA ARISING OUT OF THE
ORDER/JUDGMENT DATED 11.01.2021 IN ST NO.284 OF 2011 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
REMSIYA
AGED 43 YEARS, W/O BADARUDEEN,BHEEMA MANZIL,
KUMMANUR MURI,IRAVON VILLAGE, KONNI
THALUK,PATHANAMTHITTA DISTRICT, PIN - 689691
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SHRI.VISHNU CHANDRAN
SHRI. RALPH RETI JOHN
SHRI.APPU BABU
SHRI.GIRIDHAR KRISHNA KUMAR
SMT.VISHNUMAYA M.B.
SMT.GEETHU T.A.
SMT.APOORVA RAMKUMAR
SMT.MARY GREESHMA
RESPONDENT(S)/RESPONDENT/RESPONDENT:
1 M.K. RAVINDRAN PILLAI
AGED 65 YEARS, MATHERUMANNIL HOUSE,
KUMMANUR MURI,IRAVON VILLAGE, KONNI
Crl. Rev. Pet. No.464 of 2024
2025:KER:54859
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THALUK,PATHANAMTHITTA DISTRICT., PIN - 689691
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
SR PP, SMT SEETHA S
SRI.ARUN.B.VARGHESE
SMT.RAKHI RAJ
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 21.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl. Rev. Pet. No.464 of 2024
2025:KER:54859
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P.V.KUNHIKRISHNAN, J.
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Crl. Rev. Pet. No.464 of 2024
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Dated this the 21st day of July, 2025
ORDER
This Criminal Revision Petition is filed against the conviction and sentence imposed on the Revision petitioner by the trial court and the appellate court.
2. The Revision petitioner is the accused in ST No.284/2011 on the file of the Judicial First Class Magistrate Court - II, Pathanamthitta. 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 the Crl. Rev. Pet. No.464 of 2024 2025:KER:54859 4 NI Act and she was sentenced to undergo simple imprisonment for a period of three months and to pay an amount of Rs.2,30,000/- to the complainant as compensation under Section 357(3) of Cr.P.C. In default of payment of the compensation amount, the petitioner was directed to undergo simple imprisonment for a further period of three months. Aggrieved by the conviction and sentence imposed by the trial court, the petitioner filed an appeal before the Additional District and Sessions Court-III. Pathanamthitta as Crl. Appeal No.03/2021. The appellate court, after re-appreciating the evidence, confirmed the conviction and sentence imposed by the trial court and dismissed the appeal. Hence, this Criminal Revision Petition is filed.
3. Heard the learned counsel appearing for the revision petitioner and the learned Public Crl. Rev. Pet. No.464 of 2024 2025:KER:54859 5 Prosecutor. I also heard the counsel appearing for the 1st respondent.
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 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 Crl. Rev. Pet. No.464 of 2024 2025:KER:54859 6 Section 138 of the NI Act.
5. What remains is the sentence imposed on the petitioner. The sentence imposed is simple imprisonment for three months and to pay compensation of Rs.2,30,000/- with a default sentence of three months. 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.
6. At this stage, the counsel for the petitioner seeks some time for payment of the compensation amount.
Therefore, this Criminal Revision Petition is allowed-in-part in the following manner:
1. The conviction imposed on the revision petitioner as per the impugned judgments is confirmed.Crl. Rev. Pet. No.464 of 2024
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2. The sentence imposed on the revision petitioner as per the impugned judgments is set aside, and the revision petitioner is directed to undergo imprisonment till the rising of the court and to pay compensation of Rs.2,30,000/- (Rupees Two Lakh Thirty thousand only). In default of payment of the compensation amount, the petitioner is directed to undergo simple imprisonment for a period of three months.
3. The revision petitioner is granted eight months time to pay the compensation amount and to serve the sentence. Coercive steps against the petitioner shall be kept in abeyance during the above period.
4. If any amount is already deposited before the trial court, the same will be adjusted towards Crl. Rev. Pet. No.464 of 2024 2025:KER:54859 8 the compensation amount, and the same should be disbursed to the 1st respondent in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE