AJIMON M.P Vs. K.R.THAMPI

JUDGEMENT

(1.) This revision is filed against judgment dated 12.08.2021 of Court of Additional Sessions Judge-IV, Kottayam (for short 'the appellate court') in Criminal Appeal No.198/2018 which confirmed the finding of guilt of the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') and order of conviction and sentence passed by judgment dated 13.11.2018 by the Court of Chief Judicial Magistrate, Kottayam (for short 'the trial court') in S.T.No.69/2017. The revision is filed against the concurrent findings of guilt, orders of conviction and sentence.

(2.) Though the learned counsel for the revision petitioner has invited this Court's attention to an amendment of the complaint permitted by the trial court, this Court could notice on a perusal of the amendment incorporated that those in no way was prejudicial to the revision petitioner. Only some clerical errors were sought to be corrected and amendments of complaint to that extent and that too at the inception of lodging of the complaint are permissible.

(3.) This Court is not convinced on the basis of the argument that the passing of the concurrent judgments by the courts below, in no way attracts any jurisdictional error based on which alone the Apex court has held in Bir Singh vs. Mukesh Kumar [2019 (1) KHC 774 (SC)] that revisional powers can be exercised.