Kerala High Court
Sijin Joseph vs Velca Racking Systemsn (P) Ltd on 25 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl. Rev. Pet. No.714 of 2023
2025:KER:55588
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
CRL.REV.PET NO. 714 OF 2023
AGAINST THE ORDER/JUDGMENT IN Crl.A NO.180 OF
2015 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
IV, THRISSUR, ARISING OUT OF THE ORDER/JUDGMENT IN
CC NO.569 OF 2012 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, KUNNAMKULAM
REVISION PETITIONER/APPELLANTS & ACCUSED NO.2 AND 3:
1 SIJIN JOSEPH
AGED 38 YEARS, S/O JOSEPH MM, MANJAKUNNIL
HOUSE, PADAPPUDESOM, SANKARANPADI P.O.,
(VIA) CHENGALA, KASARGODE DISTRICT,
PIN - 671541
2 KRISHNAPRASAD K
AGED 40 YEARS, S/O LATE SUBRAMANYA BHATT,
BANDIADK, MANIMMOOLA P.O., VIA CHENNALA,
KASARGODE DISTRICT., PIN - 671541
BY ADVS.
SHRI.NIDHIN RAJ VETTIKKADAN
SRI.M.B.SOORI
Crl. Rev. Pet. No.714 of 2023
2025:KER:55588
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RESPONDENT/RESPONDENTS/COMPLAINANT:
1 VELCA RACKING SYSTEMSN (P) LTD
156 SECTOR-6, I.M.T. MENESWAR, GURGONE,
HARIYANA STATE, INDIA. REPLY BY P/A HOLDER,
ANILKUMAR, AGED 50, S/O P.S. NAIR AND
MANAGER, VELCA RACKING SYSTEMS (P) LTD.,
THUVANOORDESOM, KECHERY P.O., THALAPPILLY
TALUK, THRISSUR DISTRICT.,
PIN - 680501
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.:
SR PP, SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 25.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl. Rev. Pet. No.714 of 2023
2025:KER:55588
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P.V.KUNHIKRISHNAN, J.
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Crl. Rev. Pet. No.714 of 2023
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Dated this the 25th 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 Nos.2 and 3 in CC No.569/2012 on the file of the Judicial First Class Magistrate Court, Kunnamkulam. 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 Crl. Rev. Pet. No.714 of 2023 2025:KER:55588 4 that the petitioners are guilty under Section 138 of the NI Act and they were sentenced to undergo simple imprisonment till the rising of the court and to pay an amount of Rs.1,13,018/- to the complainant as compensation under Section 357(3) of Cr.P.C. In default of payment of the compensation amount, the petitioners were directed to undergo simple imprisonment for a period of two months. Aggrieved by the conviction and sentence imposed by the trial court, the petitioners filed an appeal before the Additional Sessions Court-IV, Thrissur as Crl. Appeal No.180/2015. 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. When this revision came up for Crl. Rev. Pet. No.714 of 2023 2025:KER:55588 5 consideration on 11.07.2025, there was no representation for the petitioners. This Court directed the petitioners to take steps to cure the defect within ten days. Registry informed that no steps were taken. Today also there is no representation for the petitioners. I see no reason to retain this revision. This Court perused the revision memorandum and the grounds raised in this revision.
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 petitioners. I am of the considered opinion Crl. Rev. Pet. No.714 of 2023 2025:KER:55588 6 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 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. Six months time is granted to the petitioners to pay the compensation 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 Crl. Rev. Pet. No.714 of 2023 2025:KER:55588 7 compensation amount, and the same should be disbursed to the 1st respondent, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE