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2025 Supreme(Online)(Ker) 53825

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ANOOP KUMAR M.K – Appellant
Versus
STATE OF KERALA – Respondent
CRL.REV.PET NO. 461 OF 2025 | Crl.A NO.134 OF 2024 | Crl.Rev.Pet.469/2025 | Crl.A NO.133 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.SAIJO HASSAN, SHRI.BAPPU GALIB SALAM, SMT.ANINDITA NANDAKUMAR
For the Respondents: SHRI.A.V.RAVI, SMT.M.D.ROSHINI

The court upheld the conviction under the Negotiable Instruments Act while allowing time for the petitioner to serve his sentence and pay the fine.

Headnote:Statute Analysis: The case revolves around Section 138 of the Negotiable Instruments Act, 1881, regarding dishonor of cheques. Facts of the Case: The petitioner, Anoop Kumar M.K, was convicted and sentenced under Section 138 N.I.Act, and seeks time to deposit the fine.

Findings of Court:
The court confirmed the conviction but granted the petitioner ten months to fulfill the sentences.

Issues: The main question framed was regarding the challenge to the conviction and the sentencing time.

Ratio Decidendi: The court reasoned that the conviction was valid and granted time based on the circumstances of the case.

Result: The criminal revision petitions are disposed of as above.

Table of Content
1. challenge to conviction under n.i. act. (Para 1)
2. petitioner requested time to serve sentence. (Para 2)
3. court confirmed conviction and granted time. (Para 3)

O R D E R

Both these criminal revision petitions have been filed challenging the conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act').

2. The petitioner is the accused and the respondent No.2 is the complainant. The petitioner was convicted and sentenced in both cases under Section 138 of the N.I.Act. The learned counsel for the petitioner submits that the petitioner does not challenge the conviction and sentence. It is further submitted that the petitioner may be granted twelve months' time to suffer the imprisonment till the rising of the court and to deposit the fine amount.

3. Having heard both sides and taking into account the entire facts and circumstances of the case, while confirming the conviction and sentence, the petitioner is granted ten months'

time to appear before the trial court to receive the imprisonment till the rising of the court and to deposit the fine amount in both cases.

The criminal revision petitions are disposed of as above.

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