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2025 Supreme(Online)(Ker) 35080

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JOHNSON JOSEPH – Appellant
Versus
SIJU CHACKO – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABDUL JALEEL.A, SMT.M.A.SULFIA
For the Respondents: SRI.K.N.RADHAKRISHNAN(THIRUVALLA), SMT.AMRUTHA KALYANI P., SMT. SEETHA S

Table of Content
1. concurrent findings of conviction upheld. (Para 2)
2. scope of revisional powers and findings. (Para 3)
3. limitations of high court in revising concurrent findings noted. (Para 4 , 5)

ORDER

The above Criminal Revision Petition is filed seeking the following reliefs:

“to set aside the Judgment dated 21/10/2019 in Crl.Appeal 221/2016 of Learned Addl. Sessions Judge -I Mavelikkara and the Judgment dated 28/09/2016 in S.T No. 5/2016 of Learned Judicial First Class Magistrate Court-III, Mavelikkara and to acquit the Revision Petitioner.”[SIC]

2. This Criminal Revision Petition is filed against the concurrent finding of conviction and sentence imposed on the Revision petitioner by the trial court and the appellate court. The Revision petitioner is the accused in S.T. No.5/2016 on the file of the Judicial First Class Magistrate Court-III, Mavelikara. It is a prosecution initiated against the petitioner 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 that the petitioner is guilty under of the NI Act and he was sentenced to undergo simple imprisonment till t

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