Rajeesh.v.P. Vs Sree Gokulam Chits & Finance Co. Pvt. Ltd. — Cheque Dishonour | Kerala HC (2025)

Rajeesh.v.P. Vs Sree Gokulam Chits & Finance Co. Pvt. Ltd. — Cheque Dishonour | Kerala HC (2025)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE G.GIRISH

WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
CRL.REV.PET NO. 414 OF 2018

JUDGMENT DATED 31.01.2018 IN Crl.A NO.204 OF 2017 OF
DISTRICT COURT & SESSIONS COURT,KOZHIKODE
JUDGMENT DATED 29.04.2017 IN STC NO.813 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM

REVISION PETITIONER/APPELLANT/ACCUSED:

RAJEESH.V.P.

AGED 35 YEARS,S/O KRISHNAN, VALIYAPARAMBATH
HOUSE,KUNDUTHODE.P.O, KAVILUMPARA, KOZHIKODE DISTRICT.

BY ADV SRI.ABDUL RAOOF PALLIPATH

RESPONDENTS/RESPONDENTS/COMPLAINANT:

1 SREE GOKULAM CHITS & FINANCE CO PVT LTD REPRESENTED BY POWER OF ATTORNEY

HOLDER,C.V.SIVADASAN,S/O.GOVINDAN NAMBIAR,
AGED 51 YEARS, MUKKATKUNIYIL HOUSE,
ERAMALA AMSOM, ORKATTERI DESOM, KOZHIKODE-673501.

2 THE STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY ADV SRI.K.VIDYASAGAR

SRI SANGEETHARAJ NR, PUBLIC PROSECUTOR

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
FINAL HEARING ON 02.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

2025:KER:28039

Crl.R.P No.414/2018 2

ORDER

The revision is directed against the judgment rendered by the Sessions Court, Kozhikode, in Crl.Appeal No.204/2017, confirming the conviction of the petitioner under Section 138 of the Negotiable Instruments Act by the Judicial First Class Magistrate Court, Nadapuram, and modifying the sentence to imprisonment till the rising of the court and a fine of Rs.75,700/-. The Appellate Court directed the payment of aforesaid fine, if realised, to the de facto complainant. A default clause of Simple Imprisonment for one month was also imposed for non-payment of fine.

Heard the learned counsel for the petitioner and the learned counsel representing the 1st respondent/de facto complainant.

On going through the impugned judgment of the Trial Court and the Appellate Court, as well as the case records, it is seen that both the courts have considered the evidence on record in the correct perspective and arrived at the concurrent findings regarding the offence committed by the petitioner. The sentence awarded by the Appellate Court is also perfectly justifiable. When the above view has been expressed in open court, the learned counsel for the petitioner sought

Crl.R.P No.414/2018 3

2025:KER:28039

reasonable time for making payment of the fine amount to the de facto complainant.

Having regard to the facts and circumstances of the case, I deem it appropriate to grant a period of four months’ time for the petitioner to remit the fine, in accordance with the direction of the Appellate Court in the judgment dated 31.01.2018 in Crl.Appeal No.204/2017.

In the result, the revision is disposed of as follows:

(i) The concurrent findings of conviction of the petitioner for the commission of offence under Section 138 of the NI Act by the

courts below, are hereby confirmed.

(ii) The sentence awarded by the Appellate Court in Crl.Appeal No.204/2017 is also upheld, subject to the modification

that the petitioner/accused is granted permission to remit the fine within a period of four months from today.

Sd/-

G.GIRISH

JUDGE

IAP