Kerala High Court
Antony vs State Of Kerala on 21 April, 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 21ST DAY OF APRIL 2026 / 1ST VAISAKHA, 1948
CRL.REV.PET NO. 484 OF 2026
JUDGMENT DATED 25.09.2006 IN Crl.A NO.628 OF 2003 OF
ADDITIONAL DISTRICT COURT, THRISSUR
JUDGMENT DATED 27.08.2003 IN CC NO.910 OF 2001 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR
REVISION PETITIONER/APPELLANT/ACCUSED:
ANTONY​
AGED 57 YEARS​
S/O JACOB, MANJALI HOUSE, PUNNAKKA BAZAR P.O.,
MATHILAKAM, THRISSUR, PIN - 680685
BY ADV SRI.JOMY K. JOSE
RESPONDENTS/STATE/COMPLAINANT/LEGAL HEIRS OF THE COMPLAINANT:
1 STATE OF KERALA​
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KERALA, PIN - 682031
2 SANTHOSH KUMAR A.S (DIED)​
S/O SUBRAMANIAN, ALAKKAL HOUSE,
NATTIKA P.O, NATTIKA, THRISSUR, PIN - 680566
3 ROHITH A.S​
S/O SANTHOSH KUMAR A.S, LEGAL HEIR OF LATE SANTHOSH
KUMAR A.S, ALAKKAL HOUSE , NATTIKA P.O , NATTIKA,
THRISSUR, PIN - 680566
4 SUSHAMA S.R​
W/O SANTHOSH KUMAR A.S, LEGAL HEIR OF LATE SANTHOSH
KUMAR A.S, ALAKKAL HOUSE, NATTIKA P.O , NATTIKA,
THRISSUR, PIN - 680566
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Crl.R.P 484/2026
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5 GREESHMA ​
D/O SANTHOSH KUMAR A.S, DAUGHTER- LEGAL HEIR OF LATE
SANTHOSH KUMAR A.S, CHANADIKKAL, PADINJARE VEMBALLUR,
THRISSUR, PIN - 680671
BY ADV SHRI.SALMAN FARIS
SRI.M.C ASHI, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 21.04.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Crl.R.P 484/2026
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ORDER
The concurrent verdicts of Judicial First Class Magistrate Court,
Kodungallur, and the Additional Sessions Court-I, Thrissur, in CC
No.910/2001 and Crl.Appeal No.628/2003 respectively, convicting and
sentencing the petitioner for the commission of offence under Section 138
of the Negotiable Instruments Act, are under challenge in this revision
petition.
2.​ Since the complainant passed away, the additional respondents
3 to 5 were impleaded as his legal representatives.
3.​ Now that it has been submitted by the counsel representing the
revision petitioner as well as the counsel representing additional
respondents 3 to 5 that the matter has been amicably settled between the
parties, and hence the conviction and sentence awarded by the courts below
are to be set aside.
4.​ Heard the learned counsel for the petitioner, the learned
counsel for the additional respondents 3 to 5 and the learned Public
Prosecutor representing the State of Kerala.
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Crl.R.P 484/2026
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5.​ The revision petitioner and the additional respondents 3 to 5
have jointly filed Crl.M.A No.3 of 2026 with a prayer to compound the
offence, since the issue has been amicably settled between them. It is clear
from the facts and circumstances of the case that the issue involved is
purely private in nature. It appears that the amount which stood due to the
deceased complainant has been settled by the revision petitioner with the
legal representatives of the complainant. In the above circumstances, the
request of the parties to compound the offence, deserves to be allowed.
In the result, the revision petition stands disposed of as follows:
i)​ The offence involved in this case is declared to
have been lawfully compounded by the parties.
ii)​ The concurrent verdicts of the courts below,
convicting and sentencing the petitioner for the commission of
offence under Section 138 of the Negotiable Instruments Act,
are hereby set aside.
iii)​ The petitioner is acquitted of the offence under
Section 138 of the Negotiable Instruments Act found against
him by the courts below.
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Crl.R.P 484/2026
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iv)​ The bail bond of the petitioner stands cancelled
and he is set at liberty.
​
​ ​ ​ ​ ​ ​ ​ ​ Sd/-
G.GIRISH
JUDGE
IAP
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Crl.R.P 484/2026
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APPENDIX OF CRL.REV.PET NO. 484 OF 2026
PETITIONER’S ANNEXURES:
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED
27.08.2003 IN C.C. NO. 910/2001 IN THE FILES
OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST
CLASS, KODUNGALLUR
Annexure A2 CERTIFIED COPY OF THE JUDGMENT DATED
25.09.2006 IN CRIMINAL APPEAL NO.628/2003 IN
THE FILES OF THE COURT OF THE I ADDITIONAL
SESSIONS JUDGE, THRISSUR
Annexure A3 A TRUE COPY OF THE DEATH CERTIFICATE OF THE
1ST RESPONDENT ISSUED BY NAATTIKA GRAMA
PANCHAYAT