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2026 Supreme(Online)(Ker) 12656
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
BIJU JACOB – Appellant
Versus
ANTONY ESCARD – Respondent
CRL.REV.PET NO. 4645 OF 2007
For the Appellants/Petitioners: SRI.GRASHIOUS KURIAKOSE (SR.), SRI.B.PRAMOD
For the Respondents: SRI.GOVIND CHAND U., SRI RENJIT GEORGE, SR PP
Acquittal on grounds of amicable settlement allowing compounding under Section 138 of the Negotiable Instruments Act.
Headnote:The judgment concerns the appeal of the petitioner against a conviction and sentence under Section 138 of the Negotiable Instruments Act. The trial court sentenced the petitioner to six months imprisonment and ordered a compensation of Rs.3,50,000/-. The conviction was upheld on appeal. The parties reached an amicable settlement, leading the court to compound the offence. As a result, the conviction and sentence were set aside, and the petitioner was acquitted and released from custody.
| Table of Content |
|---|
| 1. challenge to conviction under negotiable instruments act. (Para 1) |
| 2. parties reached an amicable settlement. (Para 2) |
| 3. court permits compounding and sets aside conviction. (Para 3) |
ORDER
The concurrent conviction and sentence upon the petitioner for the commission of the offence under Section 138 of the Negotiable Instruments Act in a complaint filed by the 1st respondent before the Judicial First Class Magistrate Court - II, Alappuzha, are under challenge in this revision petition. The sentence of Simple Imprisonment for six months and compensation Rs.3,50,000/- ordered by the Trial Court was upheld by the Appellate Court. Aggrieved by the above concurrent findings of the courts below, the petitioner has filed this revision.
2. When the matter is taken up for consideration today, the learned counsel representing the petitioner and the 1st respondent / complainant submitted that the issue has been amicably settled between the parties. The 1st respondent also filed Crl.M.A.No.1 of 2026 with a prayer to compound the offence and to acquit the petitioner / accused.
3. Having regard to the nature of the offence, and the amicable settlement of the issue between the accused and the complainant, I deem it appropriate to permit the compounding of the offence.
In the result, the revision stands disposed of as follows:-
(i) The offence under Section 138 of the Negotiable Instruments Act for which, the petitioner has been convicted and sentenced by the courts below, is hereby declared as lawfully compounded.
(ii) The conviction and sentence awarded by the courts below by the impugned judgments, are hereby set aside.
(iii) The petitioner / accused is acquitted of the offence found against him.
(iv) His bail bond stands cancelled and he is set at liberty.
Sd/-
G. GIRISH JUDGE
