Kerala High Court
Kunhammad vs K.Nazeer on 24 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:46032
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
CRL.REV.PET NO. 547 OF 2023
AGAINST THE JUDGMENT DATED 31.01.2023 IN CRL.A NO.62 OF 2022
OF ADDITIONAL DISTRICT & SESSIONS COURT, VADAKARA ARISING OUT
OF THE JUDGMENT DATED 30.12.2021 IN ST NO.29 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, NADAPURAM
REVISION PETITIONER/APPELLANT/ACCUSED:
KUNHAMMAD
AGED 52 YEARS
S/O. IBRAYI, KURUNGOTTIL HOUSE,
KAYAKKODI AMSOM KARANDOD (PO), VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673508
BY ADVS.
SHRI.K.B.ARUNKUMAR
SMT.POOJA K.S.
RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:
1 K.NAZEER
AGED 44 YEARS, S/O. ABDULLA,
KOTTOLATHIL HOUSE, AKKAL P.O, KUTTIADY,
KOZHIKODE DISTRICT, PIN - 673513
2 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682032
Crl.Rev.Pet. No.547 OF 2023
2025:KER:46032
2
BY ADVS.
SRI. HRITHWIK C. S., SENIOR PUBLIC PROSECUTOR
SRI.K.DILIP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.Rev.Pet. No.547 OF 2023
2025:KER:46032
3
P.V.KUNHIKRISHNAN, J.
===========================
Crl. Rev. Pet. No.547 of 2023
===========================
Dated this the 24th day of June, 2025
ORDER
The above Criminal Revision Petition is filed seeking the following reliefs:
"to set aside the judgment dated 30.12.2021 in S.T. No.29/2019 on the file the Judicial First Class Magistrate Court - 2, Nadapuram and the judgment dated 31.01.2023 in Crl.A No.62/2022 on the file of the Additional Sessions Court, Vatakara and acquit the revision petitioner in the interest of justice."
[SIC]
2. This Criminal Revision Petition is filed against the concurrent finding of conviction and sentence imposed on the Revision petitioner by the trial court and the appellate court. The revision petitioner is the accused in S.T. No.29/2019 on the file of the Judicial First Class Magistrate Court-II, Nadapuram. 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 Crl.Rev.Pet. No.547 OF 2023 2025:KER:46032 4 petitioner is guilty under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment till rising of the court and to pay compensation of Rs.6,20,000/- (Rupees Six Lakhs and twenty thousand only) to the complainant under Section 357(1) Cr.P.C. In default of payment of the compensation amount, the petitioner was directed to undergo simple imprisonment for one month. Aggrieved by the conviction and sentence, an appeal is filed before the appellate court. The appellate court, after re-appreciating the evidence, confirmed the conviction and sentence imposed by the trial court. Hence, this Criminal Revision Petition is filed.
3. Heard the learned counsel appearing for the revision petitioner and the learned Public Prosecutor.
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 Crl.Rev.Pet. No.547 OF 2023 2025:KER:46032 5 of the considered opinion that there is nothing to interfere with the conviction and sentence 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 and sentence imposed under Section 138 of the NI Act.
Therefore, this Criminal Revision Petition is dismissed, confirming the conviction and sentence imposed on the petitioner as per the impugned judgment. Eight months time is granted to pay the amount and to serve the sentence.
Sd/-
P.V.KUNHIKRISHNAN JUDGE BR