THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.369 of 2011 JUDGMENT: The petitioner herein was tried by the II Additional Judicial Magistrate of First Class, Khammam in C.C.No.334 of 2004 for the offence punishable under Section 138 read with 142 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-8 were marked. On behalf of the accused, D.W-1 was examined and no documentary evidence was adduced. The learned Magistrate having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, by his judgment, date 28.02.2008, convicted and sentenced him to suffer simple imprisonment for a period of one year for the offence punishable under Section 138 of the Negotiable Instruments Act. The same was questioned by the accused by filing Criminal Appeal No.36 of 2008 on the file of the Family Court- cum-Additional Sessions Judge, Khammam, who by his judgment, dated 05.05.2009, while concurring with the findings recorded by the trial Court, dismissed the appeal, confirming the conviction and sentence imposed on the petitioner-accused by the trial Court. Hence, the present Criminal Revision Case. The brief facts of the case are that the accused having borrowed a sum of Rs.50,000/- from P.W-1 for his business expenses, failed to repay the same. However, he issued a cheque bearing No.473597, dated 13.01.2004, for a sum of Rs.50,000/- to the complainant towards discharge of the debt and when the said cheque was presented, it was returned with endorsement “insufficient funds”. Thereafter, to the legal notice sent by the complainant to the accused demanding the payment of the amount under the dishonoured cheque, there was no response given by the accused. Hence, a private complaint is filed by the complainant. Heard both sides. Learned counsel for the petitioner submitted that the petitioner was in jail from 27.09.2010 to 29.12.2010, and that substantive part of the said sentence of one year months imposed on the petitioner-accused has already been served by him. He further submitted that the cheque amount of Rs.50,000/- was also paid by the accused to the complainant and an affidavit to that effect is also filed by the complainant. The said affidavit filed by the complainant shall be made part of the reord. Having regard to the fact that the cheque amount has already been paid by the accused to the complainant and the petitioner had been in jail for three months, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of one year for the offence under Section 138 of the Negotiable Instruments Act imposed on the petitioner-accused by both the Courts below is reduced to that of the period already undergone by him. With the above said modification in the sentence of imprisonment, the Criminal Revision Case is disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th January 2011 dr