Once Criminal Revision Is Decided, Inherent Powers Can’t Be Invoked: Kerala High Court
The Court was hearing a matter related to a conviction in a cheque-bounce case.
Justice CS Dias, Kerala High Court
The Kerala High Court observed that once a criminal revision is decided, the inherent powers cannot be invoked to set aside the conviction and sentence.
The Bench of Justice CS Dias observed, “In light of the authoritative pronouncements settling the legal question, there is no doubt that, once this Court finally decides a criminal revision petition, the inherent powers cannot be invoked to set aside the conviction and sentence. Consequently, the Crl.M.C. is dismissed as not maintainable, but without prejudice to the rights of the petitioners to pursue their remedies as are permissible under the law.”
Advocate S Rajeev appeared on behalf of the Petitioners, whereas Senior PP Seetha S appeared for the Respondents.
Facts of the case
The petitioners were convicted and sentenced for committing an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I. Act’) by the trial court. The said conviction and sentence stand concurrently confirmed by the Sessions Court and, consequently, the High Court. But the Petitioners filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the conviction and sentence on the grounds that they were unaware of the dismissal of the revision petition, and the dispute that led to the filing of the complaint has been amicably settled between the parties.
Observations of the Court
While relying on the latest judgment in Mubasheer v. State of Kerala [2025 Kerala], the Court said, “However, in Mubasheer’s case (supra), this Court has held that the inherent powers of this Court can be invoked to quash all further proceedings in an offence under Section 138 of the NI Act, even at the post-revisional stage. The decision has been rendered without advertence to the principles laid down in the earlier decisions of this Court on the point; therefore, according to me, it has been rendered in the peculiar facts and circumstances of the case.”
Accordingly, the Court dismissed the petition.
Cause Title: Fifa Builders Pvt Ltd. and Anr. v. State of Kerala and Anr. [Neutral Citation:2025:KER:94531]
Appearances:
Petitioners/Accused: Advocates S Rajeev, V Vinay, MS Aneer, Sarath K.P., Anilkumar C.R., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas, Azad Sunil, T.P. Aravind, Maheswar P., and Akshara S.
Respondents: Senior PP Seetha S and Advocate Asha Babu