THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1935 of 2010 DATED: 20-10-2010 ORDER: This Criminal Revision Case is filed by the petitioner questioning the judgment, dated 18-10-2010, in Crl.A.No.72 of 2010 passed by the learned VII Additional Metropolitan Sessions Judge, Hyderabad, confirming the judgment, dated 08-02-2010, in C.C.No.610 of 2009 passed by the learned XIV Additional Judge- cum-XVII Additional Chief Metropolitan Magistrate, Hyderabad. 2. Brief facts are that the petitioner herein issued a cheque bearing No.291868, dated 06-06-2007, for an amount of Rs.1,00,000/- to the 1st respondent herein towards discharge of a hand loan and when the said cheque was presented for encashment, the same was bounced. Therefore, 1st respondent herein, after following the procedure provided for under Section 138 of the Negotiable Instruments Act (for brevity, ‘the Act’), filed a private complaint and the same was numbered as C.C.No.610 of 2009. 3. During the course of trial, P.W.1 was examined and Exs.P1 to P6 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the defence. 4. Having analyzed the said evidence, the learned Magistrate found the petitioner herein guilty of the offence punishable under Section 138 of the Act and accordingly sentenced him to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.5000/-, in default to suffer simple imprisonment for a period of thirty days. Aggrieved thereby, Crl.A.No.72 of 2010 has been filed before the learned VII Additional Metropolitan Sessions Judge, Hyderabad, and the learned Judge while concurring with the finding of the learned Magistrate, dismissed the appeal vide judgment, dated 18-10- 2010. Questioning the same, the present revision is filed. 5. Heard both sides. Perused the record. 6. Learned counsel for the petitioner would submit that before the judgment was pronounced by the lower appellate Court, there was a settlement between the parties and an amount of Rs.71,000/- was paid by the petitioner towards full and final settlement with regard to C.C.Nos.608 and 610 of 2009 and the 1st respondent-complainant also agreed for the same and to that effect he produced an agreement, alleged to have been signed by the 1st respondent herein. 7. Having regard to the fact that the sentence imposed by the Courts below is only for a period of six months and the petitioner had paid the cheque amount, which was received by the 1st respondent, and the petitioner is in jail from the date of the judgment, this Court is of the view that a lenient view can be taken by reducing the said sentence imposed against the petitioner to that of the period already undergone by him. 8. Accordingly, the sentence of simple imprisonment of six months imposed against the petitioner herein-T.Praveen Singh Thakur, S/o T. Suresh Kumar by the learned XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad in C.C.No.610 of 2010, vide judgment, dated 08-02- 2010, and confirmed by the learned VII Additional Metropolitan Sessions Judge, Hyderabad in Crl.A.No.72 of 2010 vide judgment, dated 18-10-2010, is reduced to that of the period already undergone by him. Petitioner is directed to be set at liberty forthwith if not required in any other crime. Except the above modification in all other aspects the revision is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 20th October, 2010. Tsy