Kerala High Court
Ramarajan vs K.G. Rajasekharan Pilla on 27 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:6351
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
CRL.REV.PET NO. 89 OF 2025
AGAINST THE JUDGMENT DATED 25.10.2024 IN CRL.A NO.117
OF 2022 OF III ADDITIONAL DISTRICT & SESSIONS COURT,
THODUPUZHA / I ADDITIONAL MACT, THODUPUZHA ARISING OUT OF
THE JUDGMENT DATED 18.10.2022 IN ST NO.215 OF 2019 OF CHIEF
JUDICIAL MAGISTRATE, THODUPUZHA
REVISION PETITIONER/APPELLANT IN CRL.APPEAL NO.117/2022 OF
THE COURT OF SESSION, SESSIONS DIVISION, THODUPUZHA/ACCUSED
IN ST NO.215/2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT,
THODUPUZHA:
RAMARAJAN
AGED 65 YEARS
S/O ACHUTHAN,
MADHURAKUNNEL HOUSE, NADUKANI KARA,
KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK,
MANAGING PARTNER, ELECTRO SKILL ENGINEERS
AND CONTRACTORS, MINI INDUSTRIAL ESTATE,
IRUMBANAM P.O., KOCHI, ERNAKULAM DISTRICT,
PIN - 682309
BY ADVS.
P.CHANDY JOSEPH
C.K.VIDYASAGAR
2025:KER:6351
CRL.REV.PET NO.89 OF 2025
2
RESPONDENTS/RESPONDENTS IN CRL.APPEAL NO.117/2022 OF THE
COURT OF SESSION, SESSIONS DIVISION, THODUPUZHA/COMPLAINANT
IN ST NO.215/2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT,
THODUPUZHA::
1 K.G. RAJASEKHARAN PILLA
AGED 67 YEARS
S/O GOPALAPILLA, NO.28,
SOUPARNIKA VILLA, EROOR KARA,
KANAYANOOR TALUK, ERNKULAM DISTRICT,
PIN - 682306
2 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SMT. SREEJA V. - SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 27.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:6351
CRL.REV.PET NO.89 OF 2025
3
ORDER
The petitioner challenges the concurrent finding of conviction and sentence in a proceedings initiated under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act').
2. The 1st respondent preferred a private complaint before the Chief Judicial Magistrate Court, Thodupuzha (for short 'the trial court') under Section 138 of the N.I. Act against the petitioner. The trial court found the petitioner guilty under Section 138 of the N. I. Act and he was convicted for the said offence. He was sentenced to undergo imprisonment till rising of the court and to pay compensation of ₹10,00,000/- (Rupees Ten lakhs only) to the 1st respondent under Section 357(3) of the Criminal Procedure Code, in default to suffer simple imprisonment for a period of three months. The appeal preferred by the petitioner before the Sessions Court, 2025:KER:6351 CRL.REV.PET NO.89 OF 2025 4 Thodupuzha (for short 'the appellate court') was dismissed.
3. I have heard Sri. P. Chandy Joseph, the learned counsel for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor.
4. The learned counsel for the petitioner submits that the petitioner does not challenge the conviction and sentence in the impugned judgments. I went through the judgments. I also find that there is nothing to interfere with the concurrent findings of conviction and sentence by the trial court as well as the appellate court under the exercise of the revisionary jurisdiction of this Court. The learned counsel further submits that the petitioner is suffering from cancer and he may be granted six months' time to pay the compensation.
5. Having heard the learned counsel for the petitioner, this revision petition is dismissed confirming 2025:KER:6351 CRL.REV.PET NO.89 OF 2025 5 the concurrent conviction and sentence and granting six months' time to the petitioner to appear before the trial court to receive the imprisonment till rising of the court and to pay compensation.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE BR