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2024 Supreme(Online)(KER) 39433
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 29TH DAY OF OCTOBER 2024 / 7TH KARTHIKA, 1946 CRL.RC NO. 12 OF 2024 SUOMOTU CRIMINAL REVISION CASE INITIATED AS PER ORDER DATED 14.10.2024 IN CRL.REV.PET.1485/2012 AGAINST THE ORDER DATED 22.12.2016 IN CC NO.1709 OF
2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS - VI, THIRUVANANTHAPURAM SECTION 442 OF BHARATIYA NAGARIK SURAKSHA SANHITA RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 SAVITHA S.M, W/O S.M.K. NAZAR, SAVITHA COTTAGE, ATTUKAL, CHULLIMANOOR P.O, NEDUMANGAD, THIRUVANANTHAPURAM- 695541 & VISION INDIA INFOTECH MARKETING PVT LTD, T.C NO 11/558, 69, MUSEUM BAINS COMPOUND, NANTHANCODE, KOWDIAR P.O,THIRUVANANTHAPURAM - 695003
3 STATE BANK OF TRAVANCORE, AN ASSOCIATION OF STATE BANK OF INDIA (SBI), A BODY CORPORATE CONSTITUTED AND FUNCTIONING UNDER THE SBI (REPRESENTED BY ITS CHIEF MANAGER OF MAIN BRANCH, THIRUVANANTHAPURAM – 695001)
BY ADV.
SRI.SANGEETHARAJ N.R., PP SRI.T.A. UNNIKRISHNAN – R2 SRI.GILBERT GEORGE CORREYA, SC, SBI THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 29.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
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Crl.R.C. No.12 of 2024 ----------------------------------------------
Dated this the 29th day of October, 2024
ORDER
This Criminal Revision Case is registered suomotu as per order dated 14.10.2024 in Crl.Rev.Pet. No.1485/2012. The above order is produced as Annexure – H in this case.
It will be better to extract the above order: “Judicial First Class Magistrate Court-VI, Thiruvananthapuram convicted and sentenced one Savitha SM in CC No. 1709/2007 as per the judgment dated 09.12.2011. The learned Magistrate convicted her under Sec. 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo imprisonment till rising of court and to pay fine of Rs.2,58,900/-. The whole fine amount is directed to be paid to the complainant under Sec.357(i) (b)Cr.P.C. In default of payment of fine, the accused is directed to undergo simple imprisonment for a period of three months. Aggrieved by the conviction and sentence, the above accused filed Crl.Appeal No. 3/2012 before the Sessions Court, Thiruvananthapuram. The Sessions Court, Thiruvananthapuram confirmed the conviction and sentence and dismissed the appeal as per the judgment dated 17.03.2012. Aggrieved by the conviction and sentence, the accused filed Crl.R.P. No. 1485/2012 before this Court. This Court as per order dated 02.08.2024 disposed the revision granting 6 weeks time to pay the fine. 2. When Crl.R.P. No. 1485/2012 came up for consideration, this Court directed the Registry to get a report from the Judicial First Class Magistrate Court-VI, Thiruvananthapuram to find out whether the sentence is already undergone by the accused and the fine amount is paid because, no interim order was passed by this Court in the above revision. The learned Magistrate originally filed a report, in which it is stated that the file is missing and sought some more time to submit the report. But it was reported that, as per the fine register, the fine is not paid. Hence, this Court granted time to deposit fine and disposed the revision on 02.08.2024. Subsequently, a report dated 02.08.2024 of the learned Magistrate was placed before me, in which, it is stated that the accused appeared before the learned Magistrate after issuing warrant to execute the sentence and at that time, he produced a receipt for the payment of compensation amount and also undergone sentence of imprisonment till rising of court. Meanwhile, the convict was released on self bond of Rs. 10,000/- and Non Bailable Warrant was recalled. Thereafter, on 22.12.2016, on the application filed by the complainant's counsel under Sec.257 Cr.P.C., the accused was acquitted.
That order was passed on 22.12.2016.
3. This is a case in which the trial court convicted and sentenced and the appellate court confirmed the conviction and sentence. This Court also disposed the revision filed against these orders. In such circumstances, the order dated 22.12.2016 of the learned Magistrate is illegal.
That is to be set aside.
Registry will register a suo motu revision against the order dated 22.12.2016 in CC No. 1709/2007 of the Judicial First Class Magistrate Court-VI, Thiruvananthapuram. Advocate T.A. Unnikrishnan takes notice for the accused. The Registry will give a copy of this order to Advocate T.A.Unnikrishnan. The Registry will give a copy of this order to the Standing Counsel for State Bank of India (former State Bank of Travancore). Registry will also call for the trial court records forthwith.
Post on 28.10.2024.”
2. Heard.
3. As observed in the order dated 14.10.2024, the
2nd respondent was convicted and sentenced by the Judicial First Class Magistrate Court–VI, Thiruvananthapuram in C.C.
No.1709/2007 and the same was confirmed in appeal. Thereafter the revision filed against the same was also disposed of by this Court as evident by Annexure-C order. But, the learned Magistrate as per order dated 22.12.2016 acquitted the accused under Section 257 CrPC. Such an order passed by the learned Magistrate is illegal and unsustainable.
4. After going through the report received from the trial court, it is clear that it is an error committed by the ofÏcer concerned
