THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.244 OF 2005 DATED 3rd DECEMBER, 2010. BETWEEN : Gade Venkateswara Rao ..Petitioner-accused and 1) A.Durga Prasad Rao 2) The State of A.P. ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.244 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 14.02.2005, rendered in Criminal Appeal No.479 of 2003 by the I Additional Sessions Judge, Guntur, confirming the judgment of conviction and sentence passed in C.C.No.238 of 2002 on 16.12.2003 by the Additional Junior Civil Judge, Mangalagiri, in which the petitioner was convicted under section 255 (2) of the Code of Criminal Procedure for the offence under Section 138 of Negotiable Instruments Act (for short ‘the Act’) and punishable under Section 142 of the Act and sentenced to undergo simple imprisonment for one year and to pay Rs.2 lakhs toward compensation to the complainant under Section 357 (3) Cr.P.C. in default to suffer simple imprisonment for six months. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the crime occurred in the year 2002 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court and as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment imposed on the petitioner is hereby reduced to one month. The remand period already undergone by the petitioner be given set off. The remaining portion of the impugned judgment including compensation awarded shall stand unchanged. Petitioner is directed to surrender before the concerned Court on or before 31.01.2011 to suffer the remaining period of imprisonment, if any. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 03.12.2010 sur