Legal Provisions Involved: Section 138 of the Negotiable Instruments Act, 1881 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Judgement By: Kerala High Court

Judge/Bench: Justice C. S. Dias

Facts

This case arose from a cheque bounce matter. The trial court convicted the petitioners under Section 138 of the NI Act and imposed a sentence. The conviction was confirmed by the Sessions Court and later by the Kerala High Court in criminal revision. After the revision was dismissed, the petitioners approached the High Court again, stating that they were unaware of the dismissal and that the dispute had been settled amicably with the complainant.

Key Legal Provisions

• Section 138 NI Act deals with cheque dishonour. 
• Section 528 BNSS relates to the inherent powers of the High Court.

Issues Raised

Can the High Court use its inherent powers to cancel a conviction after a criminal revision has already been decided?

Arguments of the Case

The petitioners argued that since the matter was settled, the court should quash the conviction. They relied on an earlier judgment to support their claim.

Judgement

The court held that once a criminal revision is finally decided, inherent powers cannot be used to set aside the conviction and sentence. The petition was dismissed as not maintainable, though other legal remedies were left open.

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