Kerala High Court
T C Kunhali vs State Of Kerala on 18 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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2025:KER:53743
Crl.Rev.Pet. No.774 of 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
CRL.REV.PET NO. 774 OF 2025
AGAINST THE JUDGMENT DATED 18.06.2025 IN Crl.A NO.382 OF
2024 OF ADDITIONAL SESSIONS COURT-II, KOZHIKODE ARISING OUT OF THE
JUDGMENT DATED 31.08.2024 IN S.T. NO.34 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, NADAPURAM
REVISION PETITIONER/APPELLANT/ACCUSED:
T C KUNHALI
AGED 54 YEARS
THONDICHALIL HOUSE, MAMBILAKKOOL, VANIMEL (P O),
KALLACHI VIA, VATAKARA, TALUK,
KOZHIKODE DISTRICT, PIN - 673101
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.ANGELINA JOY
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 E K KUTTIYALI
AGED 67 YEARS, S/O MOIDU HJI, CHATHANGOTT HOUSE,
PURAMERI (P.O)VATAKARA TALUK,
KOZHIKODE DISTRICT ., PIN - 673101
ADV.SMT SEETHA S -SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2025:KER:53743
Crl.Rev.Pet. No.774 of 2025
P.V.KUNHIKRISHNAN, J
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Crl.Rev.Pet. No.774 of 2025
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Dated this the 18th day of July, 2025
ORDER
The above Criminal Revision Petition is filed seeking the following reliefs:
"To allow the revision and set aside the judgment dated 18.06.2025 in Criminal Appeal No.382 of 2024 of Court of II Additional Sessions Court Kozhikode Division arising out of the judgment dated 31.08.2024 in ST No. 34/2023 on the files of the Judicial Magistrate of First Class- II, Nadapuram."[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.34/2023 on the file of the Judicial First Class Magistrate Court-III, 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 3 2025:KER:53743 Crl.Rev.Pet. No.774 of 2025 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 fine of Rs.4,00,000/- (Rupees Four Lakhs only) to the complainant under Section 138 of the NI Act. In default of payment of fine, the petitioner was directed to undergo simple imprisonment for six months. If fine is realized, there was a direction to pay the same as compensation to the complainant under Section 357(1) Cr.P.C. 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 4 2025:KER:53743 Crl.Rev.Pet. No.774 of 2025 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 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. Ten months time is granted to pay the amount and to serve the sentence.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE SMF