THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1288 OF 2003 ORDER: 1 The petitioners were tried by the learned Judicial Magistrate of I Class, Nandyal in C.C. No.257 of 1998 for the offence punishable under section 138 of the Negotiable Instruments Act. During the course of trial, on behalf of the complainant P.Ws.1 to 3 were examined and Exs.P.1 to P.9 were marked and on behalf of the petitioners no oral evidence was adduced, but Ex.D.1 was marked. On an analysis of the entire material available before him, the learned Magistrate came to the conclusion that the petitioners are guilty of the said offence and accordingly convicted and sentenced the first petitioner which is a partnership firm to pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for a period of three months and sentenced the second petitioner to suffer simple imprisonment for a period of one year and also to pay a fine of Rs.5,000/- in default, to suffer simple imprisonment for a period of three months. The said judgment dated 26.09.2001 was questioned in Criminal Appeal No.171 of 2001 and the learned III Additional Sessions Judge at Kurnool dismissed the said appeal by his judgment dated 23.08.2003, which is impugned in this revision. 2 Today when the matter is taken up for hearing, the learned counsel for the petitioners submitted that the entire cheque amount has been paid and to establish the same, he produced a full satisfaction memo filed by the applicant Bank in O.A.No.2108 of 1999 pending before the Debt recovery Tribunal at Hyderabad. From a perusal of the said memo, it is clear that the petitioners had paid an amount of Rs,73,00,000/- on 23.05.2008 in full and final settlement. 3 In the light of the said settlement arrived at between the parties, and since the second petitioner was in jail for some time, this court reduces the said sentence of imprisonment imposed by the courts below to that of the period which the second petitioner had already undergone. 4 Excepting the above modification, in all other aspects, this revision is dismissed. -------------- 12.08.2010 Kvsn