THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1700 of 2002 JUDGMENT: This Criminal Revision Case is filed assailing the judgment dated 12.11.2002 passed by the VII Additional Metropolitan Sessions Judge, Hyderabad in Crl.A.No.254 of 2002. The petitioner herein was tried by the II Metropolitan Magistrate, Hyderabad in C.C.No.783 of 2000 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’). The trial Court, having analyzed the evidence that was let in during the course of trial, came to the conclusion that the petitioner committed the offence and accordingly convicted and sentenced him to suffer simple imprisonment for a period of three months and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for one month. The petitioner questioned the same before the VII Additional Metropolitan Sessions Judge, Hyderabad by filing Criminal Appeal No.254 of 2002 and the learned Sessions Judge, while concurring with the finding of the trial Court, dismissed the appeal by his judgment dated 12.11.2002. Hence, this revision. The case of the complainant, who is the second respondent herein, is that the petitioner herein issued a cheque for Rs.15,000/- towards the goods supplied to him. When the said cheque was presented in the Bank, it was returned with an endorsement “insufficient fund” vide a cheque return memo. Hence, the complainant filed the above complaint, after following the due procedure provided under the Act. Heard. Both the Courts below concurrently gave a finding that the transaction covered by Ex.P.1-cheque was true and it was issued in lieu of a legally enforceable debt and that when the said cheque was presented in the bank the same was bounced. Therefore, I do not find any reason to interfere with the impugned order. However, as the said cheque was issued only for Rs.15,000/- and the petitioner was in jail for about one week, this Court takes a lenient view and reduces the sentence of simple imprisonment of three months imposed by the trial Court, as confirmed by the lower appellate Court, to that of the period already undergone by the petitioner. Except the above modification, the Criminal Revision stands dismissed in all respects. ________________________________ GOPALA KRISHNA TAMADA,J Date: 22.07.2010 va