THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1115 of 2003 ORDER: 1 The petitioner herein was tried by the learned I Additional Munsif Magistrate Warangal in C.C.No.473 of 1997 for the offence punishable under section 138 of N.I. Act. The learned Magistrate, having assessed the entire evidence let in, came to the conclusion that the petitioner is guilty of the said offence and accordingly sentenced him to undergo imprisonment for a period of three months and also to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for a period of to suffer simple imprisonment for 15 days. As against the said judgment dated 15.03.1999 the petitioner preferred Criminal Appeal No.37 of 1999 and the learned IV Additional District & Sessions Judge, Warangal while confirming the said conviction and sentence imposed by the trial court dismissed the said appeal by his judgment dated 29.07.2003. Hence the present revision. 2 The case of the complainant in brief is that on 06.12.1996 the petitioner borrowed Rs.45,000/- from the second respondent agreeing to repay the same with interest and towards discharge of the principal amount, the petitioner issued two cheques for Rs.15,000/- and Rs.30,000/- dated 31.01.1997 and 31.03.1997 respectively. On presentation, the said cheques were dishonoured with an endorsement ‘funds insufficient’. After issuance of statutory notice, the complainant filed the present complaint before the trial court. 3 Heard. 4 Apparently, the appeal was dismissed on 29.07.2003 and the petitioner was taken into custody immediately. It is only after this revision was admitted and bail was granted on 06.08.2003 the petitioner came out of the jail. Thus the petitioner was in jail from 29.07.2003 to 06.08.2003. 5 As the sentence of imprisonment is only three months and the alleged offence took place in the year 1997 and inasmuch as the petitioner was already in jail for about 10 days, this court takes a lenient view and accordingly reduces the said sentence of three months imprisonment to that of the period, which the petitioner had already undergone. 6 Excepting the above modification, this revision, in all other aspects is dismissed. -------------- 29.07.2010 Kvsn