Crl.R.P.No.229/2025 1 2025:KER:28609 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.REV.PET NO. 229 OF 2025 AGAINST THE JUDGMENT DATED 19.02.2024 IN Crl.A NO.69 OF 2023 OF ADDITIONAL SESSIONS COURT-I,KOLLAM ARISING OUT OF THE JUDGMENT DATED 30.06.2023 IN ST NO.23 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, KARUNAGAPPALLY REVISION PETITIONER/APPELLANT/ACCUSED: PRAVEEN, AGED 60 YEARS, SON OF SUKUMARAN, PALLIYAMPIL KIZHAKKATHIL VEEDU, OACHIRA P.O., PAYIKKUZHI MURI, KARUNGAPPALLY, KOLLAM - 690526 BY ADVS. T.S.HARIKUMAR P.B.SAHASRANAMAN RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 N.KRISHNANKUTTY, AGED 56 YEARS S/O.NANU, KRISHNA BHAVANAM, KATTILKADAVU P.O., ADINADU SOUTH, ADINADU VILLAGE, KARUNAGAPPALLY, KOLLAM., PIN - 690542 BY ADVS. Arun Babu ANEESHRAJ R.(K/2333/2021) G.HARIPRASAD(K/001151/2004) SMT.SREEJA V., SR. PP THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.229/2025 2 2025:KER:28609 ORDER This revision petition has been filed challenging the concurrent finding of conviction and sentence in a prosecution initiated under Section 138 of the Negotiable instruments Act ( for short, the NI Act). 2. The 2nd respondent filed a private complaint against the petitioner under Section 142 of the NI Act before the Judicial Magistrate of First Class-II, Karunagappally (for short the trial court) as S.T.No.23/2019. After trial, the trial court found the petitioner guilty and he was convicted for the offence punishable under Section 138 of the NI Act. He was sentenced to undergo simple imprisonment for three months and to pay a fine of ₹10,00,000/- to the 2nd respondent, in default to suffer simple imprisonment for further three months. The petitioner preferred an appeal before the Additional Sessions Court-I, Kollam (for short, the appellate court) as Crl.A.No.69/2023. The appellate court allowed the appeal in part confirming the conviction, reducing the substantive sentence to imprisonment till the rising of the court. The fine imposed was also reduced to ₹5,00,000/- retaining the default clause. This revision petition has been filed challenging the concurrent finding of the Crl.R.P.No.229/2025 3 2025:KER:28609 conviction and sentence of both the trial court as well as the appellate court. 3. I have heard Sri. Harikumar T.S., the learned counsel for the petitioner and Sri. Arun Babu, the learned counsel for the 2nd respondent. 4. The learned counsel for the petitioner submitted that the petitioner is not challenging the concurrent finding of conviction, and the sentence modified by the appellate court. However, the learned counsel submitted that the petitioner may be granted eight months' time to pay the fine amount. Having heard both sides and going through the entire facts and circumstances, the conviction and sentence passed by the trial court as well as the appellate court are hereby confirmed. The petitioner is granted six months' time to appear before the trial court to receive the imprisonment till the rising of the court and to deposit the fine amount. The coercive steps shall be kept in abeyance till then. The criminal revision petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp