HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.65 OF 2005 Dated : 24.12.2010 Between : Pharma Equipments … Revision Petitioner a n d M/s.Shree Deepa Drugs & Pharmaceuticals & others … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.65 OF 2005 ORDER: This revision is preferred by the complainant aggrieved over the judgment dated 18.11.2004 rendered by the learned IV Metropolitan Magistrate, Hyderabad, in C.C.No.78 of 2003 wherein the learned Magistrate sentenced A.1 to pay a fine of Rs.5,000/- and A.2 to undergo simple imprisonment for six months and to pay fine of Rs.5,000/- for the offence under Section 138 of Negotiable Instruments Act (for short ‘N.I. Act’). The contention raised by the learned counsel for the petitioner in the memorandum of grounds of Criminal Revision Petition is that the cheque amount should be ordered as fine and the same should be ordered as compensation to the complainant. The matter is coming for ‘final hearing’. Since last four occasions, there is no representation for the petitioner. As such, the matter is directed to be listed under the caption ‘for dismissal’. Today, in spite of the matter being listed under the said caption, there is no representation on behalf of the petitioner. For an offence under Section 138 of N.I. Act fine as well as sentence of imprisonment are envisaged as punishment. The learned Magistrate considering the said fact imposed sentence of imprisonment for six months and also fine of Rs.5,000/-. This Court is of the view that there is nothing to interfere with the judgment passed by the learned Magistrate. As such, the revision has to fail. Accordingly, the Criminal Revision Case is dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 24.12.2010 sur