Cheque Dishonour Inherent Powers Kerala High Court jurisprudence has now been reaffirmed with clarity. The Kerala High Court has ruled that once a criminal revision is finally decided, the Court cannot invoke inherent powers under the Bharatiya Nagarik Suraksha Sanhita to nullify a conviction under Section 138 of the Negotiable Instruments Act.
The matter was heard by Justice C.S. Dias, where a private construction company and its Managing Director sought to reopen a concluded cheque dishonour case after settlement with the complainant.
Background Of The Cheque Dishonour Litigation
The petitioners were convicted for cheque dishonour under Section 138 of the Negotiable Instruments Act by the trial court. The conviction and sentence were upheld by the Sessions Court in appeal and later confirmed by the High Court in criminal revision.
The controversy arose when the Managing Director was arrested pursuant to the confirmed sentence.
Following arrest, the dispute was settled with the complainant. Based on this settlement, the accused approached the High Court again, invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita and pleaded that the conviction be set aside.
Settlement After Revision And The Legal Obstacle
The petitioners relied on Supreme Court precedent holding that cheque dishonour convictions may not survive once parties settle. They also cited a recent Kerala High Court decision where post revision relief was granted in exceptional circumstances.
However, the Court carefully distinguished those rulings and relied upon binding Division Bench decisions which have consistently held that inherent powers cannot be exercised after the High Court has finally adjudicated a criminal revision.
Court’s Reasoning And Legal Position
The Court categorically held that the inherent jurisdiction is not a substitute for review or appeal. Once the revisional jurisdiction is exhausted and the judgment attains finality, the High Court becomes functus officio in that proceeding.
The Court observed that permitting such petitions would defeat procedural discipline and render final judgments uncertain. The ruling reinforces that settlement after revision, though relevant at earlier stages, cannot reopen concluded proceedings through inherent powers.
Final Outcome
The Criminal Miscellaneous Case was dismissed as not maintainable. The Court clarified that while it cannot exercise inherent powers in such circumstances, the petitioners are free to explore other remedies available under law.
The decision strengthens the settled position on Cheque Dishonour Inherent Powers Kerala High Court jurisdiction and preserves the finality of criminal revisions.
Case Details
- Case Number: Crl.MC No. 11063 of 2025
- Case Title: Fifa Builders Pvt. Ltd. and Another vs State of Kerala and Another
- Date of Decision: 24 December 2025
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