Crl.R.P.No.737/2024 1 2025:KER:30191 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 CRL.REV.PET NO. 737 OF 2024 AGAINST THE JUDGMENT DATED 24.04.2024 IN Crl.A NO.202 OF 2023 OF II ADDITIONAL SESSIONS COURT,KOZHIKODE ARISING OUT OF THE JUDGMENT DATED 11.08.2023 IN ST NO.439 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, PERAMBRA REVISION PETITIONER/APPELLANT/ACCUSED: SANTHOSH P., AGED 47 YEARS S/O NARAYANAN NAIR, PILAKATTU HOUSE, KOLARKKANDYTHAZHEKUNI, CHERUVANNUR, POST, KOZHIKODE, PIN - 673524 BY ADV NIDHI BALACHANDRAN RESPONDENTS/RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 BIVIN KRISHNAN KUNNUMMAL POYIL HOUSE, CHERUVANNUR POST, KOZHIKODE, PIN - 673524 SMT.SREEJA V., SR. PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.737/2024 2 2025:KER:30191 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-I, Perambara (for short the trial court) as S.T.No.439/2019. 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 ₹12,92,000/-, in default to suffer simple imprisonment for three months. The petitioner preferred an appeal before the II Additional Sessions Court, Kozhikode (for short, the appellate court) as Crl.A.No.202/2023. The appellate court allowed the appeal in part confirming the conviction and reducing the substantive sentence to imprisonment till the rising of the court retaining the sentence of fine and default clause. This revision petition has been filed challenging the concurrent finding of the conviction and sentence of both the trial court as well as the Crl.R.P.No.737/2024 3 2025:KER:30191 appellate court. 3. I have heard Adv. Nidhi Balachandran, the learned counsel for the petitioner. 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 the learned counsel for the petitioner and taking into account the entire facts and circumstances of the case, 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 criminal revision petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp