Kerala High Court
Heera Construction Company Pvt Ltd vs Ifci Ltd on 3 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl. Rev. Pet. No.649 of 2023
2025:KER:49436
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
CRL.REV.PET NO. 649 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 31.03.2023 IN
Crl.A NO.181 OF 2020 OF I ADDITIONAL DISTRICT COURT/RENT
CONTROL APPELLATE AUTHORITY, ERNAKULAM ARISING OUT OF THE
ORDER/JUDGMENT DATED 29.02.2020 IN CC NO.98 OF 2019 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
REVISION PETITIONER/APPELLANT/ACCUSED:
1 HEERA CONSTRUCTION COMPANY PVT LTD
HEERA PARK, M P AYYAPPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
DIRECTOR, ABDUL RASHEED, PIN - 695014
2 ABDUL RASHEED
MANAGING DIRECTOR, M/S. HEERA CONSTRUCTION
COMPANY PVT LTD, PLAVILA HOUSE, PARANODE PO,
THIRUVANANTHAPURAM, PIN - 695542
BY ADVS.
SRI.C.S.MANU
SRI.DILU JOSEPH
SRI.C.A.ANUPAMAN
SHRI.T.B.SIVAPRASAD
SRI.C.Y.VIJAY KUMAR
SMT.MANJU E.R.
SHRI.ANANDHU SATHEESH
SHRI.ALINT JOSEPH
Crl. Rev. Pet. No.649 of 2023
2025:KER:49436
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RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:
1 IFCI LTD.
HAVING ITS OFFICE AT 1ST FLOOR, 39/5165,
KRISHNA EMPIRE, MAIN AVENUE, PANAMPILLY NAGAR,
KOCHI REPRESENTED BY ITS AUTHORISED OFFICER V S
NAIR, PIN - 682036
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADVS.
SRI. HRITHWICK C.S., SR.PP
SRI.P.V.VINOD (BENGALAM)
SMT.D.REETHA
M/S.INDIALAW
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl. Rev. Pet. No.649 of 2023
2025:KER:49436
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P.V.KUNHIKRISHNAN, J.
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Crl. Rev. Pet. No.649 of 2023
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Dated this the 03rd day of July, 2025
ORDER
This Criminal Revision Petition is filed against the concurrent finding of conviction and sentence imposed on the Revision petitioners by the trial court and the appellate court.
2. The Revision petitioners are the accused in CC No.98/2019 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. It is a prosecution initiated against the petitioners 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 petitioners are guilty under Section 138 of Crl. Rev. Pet. No.649 of 2023 2025:KER:49436 4 the NI Act and the 1st and 2nd petitioners are sentenced to pay a fine of Rs.52,87,935/- to the complainant as compensation under Section 357(1)(b) of Cr.P.C. In default of payment of the fine amount, the 2nd petitioner was directed to undergo simple imprisonment for a period of six months. Aggrieved by the conviction and sentence imposed by the trial court, the petitioners filed an appeal before the Additional District Court-I, Ernakulam as Crl. Appeal No. 181/2020. 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 petitioners and the learned Public Prosecutor. I also heard the learned counsel Crl. Rev. Pet. No.649 of 2023 2025:KER:49436 5 appearing for the 1st respondent.
4. The counsel for the petitioner submitted that the prosecution against the 1 st petitioner company will not stand because the Corporate Insolvency Resolution Process (CIRP) is already initiated on 27.03.2019 and the resolution plan was approved by the NCLT. It is also submitted that the management of the company is stands suspended by operation of law. But the counsel appearing for the complainant submitted that these complaints were filed before that proceedings and the complaints were filed in the year 2017. Thereafter, the petitioners were prosecuting this case and even they filed appeal before the Sessions Court. Some of the amount is deposited as a condition for suspension. In such circumstances, these contentions will not stand. I think, there is some force in the argument Crl. Rev. Pet. No.649 of 2023 2025:KER:49436 6 of the complainant.
5. 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 petitioners. I am of the considered opinion that there is nothing to interfere with the conviction and sentence imposed on the petitioners. The trial court and the appellate court considered the entire evidence and thereafter found that the petitioners were guilty under Section 138 of the NI Act. Therefore, there is nothing to interfere with the conviction and sentence imposed under Section 138 Crl. Rev. Pet. No.649 of 2023 2025:KER:49436 7 of the NI Act.
Therefore, this Criminal Revision Petition is dismissed, confirming the conviction and sentence imposed on the revision petitioners as per the impugned judgments. Considering the request of the revision petitioners, twelve months time is granted to pay the fine amount and to serve the sentence. Coercive steps against the petitioners shall be kept in abeyance during the above period.
If any amount is already deposited before the trial court, the same will be adjusted towards the fine amount, and the same should be disbursed to the 1st respondent, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE