Concurrent findings of trial and appellate courts should not be disturbed unless clear illegality or irregularity is evident in the judgments.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TH MONDAY, THE 29 DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947 CRL.REV.PET NO. 1011 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 11.06.2025 IN Crl.A NO.59 OF 2022 OF ADDITIONAL DISTRICT SESSIONS JUDGE-II, THIRUVANANTHAPURAM ARISING OUT OF THE ORDER/JUDGMENT DATED

19.03.2022 IN CC NO.847 OF 2014 OF THE COURT OF TEMPORARY SPECIAL COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138 NI ACT(JMFC XI), THIRUVANANTHAPURAM REVISION PETITIONER/APPELLANT/ACCUSED:

M. SUNITHA AGED 60 YEARS W/O. SAFARULLAKHAN, SAFARULLA BUILDINGS, KADINAMKULAM, PUTHUKURICHI (P.O), THIRUVANANTHAPURAM, PIN - 695303 BY ADVS.

SRI.GOPAKUMAR R.THALIYAL SHRI.AJAS AHAMMAD SHA RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

2 THE SECRETARY VANCHIYOOR CO-OPERATIVE SOCIETY LIMITED NO. T. 1115, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 SR PP SRI HRITHWIK C S THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J --------------------------------

Crl.Rev.Pet. No.1011 of 2025 -------------------------------

Dated this the 29^th day of September, 2025

ORDER

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

“it is most humbly prayed that this Honourable Court may be pleased to allow the Criminal Revision Petition by setting aside the Judgment of conviction and sentence passed in C.C No. 847/2014 dated 19.03.2022 on the files of the Court of the Temporary Special Court of the Judicial Magistrate of First Class for the trial of cases under Section 138 of the NI Act, Thiruvananthapuram, as confirmed vide Judgment in Criminal Appeal No. 59/2022 dated 11.06.2025 on the files of the Court of the Additional Sessions Judge-II, Thiruvananthapuram, and acquit the accused.”

[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 C.C. No.847/2014 on the files of the Court of the Temporary Special Court of the Judicial Magistrate of First Class for the trial of cases under Section 138 of the NI Act, Thiruvananthapuram. It is a prosecution initiated against the petitioner alleging an offence punishable under 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 she was sentenced to undergo simple imprisonment till rising of court and to pay a fine of Rs.1,45,222/- (Rupees One Lakh Forty Five Thousand Two Hundred and Twenty Two Only). In default of payment of the fine amount, the petitioner was directed to undergo simple imprisonment for three months. Aggrieved by the conviction and sentence, an appeal is filed before the appellate court. The appellate court, after re-appreciating the evidence, confirmed the conviction and sentence imposed by the trial court.

Hence, this Criminal Revision Petition is filed.

3. Heard the learned counsel appearing for the Revision petitioner, counsel for the 2^nd respondent and the learned Public Prosecutor.

4. The jurisdiction of this Court to interfere with the concurrent finding of conviction and sentence invoking the powers of revisional jurisdiction is very limited. Unless there is illegality, irregularity or impropriety, this Court need not interfere with the concurrent finding of conviction and sentence. This Court anxiously considered the impugned judgments and the contentions of the Revision petitioner. I am of the considered opinion that there is nothing to interfere with the co