THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1629 OF 2010 ORDER: 1 The petitioner herein was tried by the learned II Additional Judicial Magistrate of I Class, Kothagudem in C.C.No.352 of 2008 for the offence punishable under section 138 of Negotiable Instruments Act. During the course of trial, P.Ws.1 and 2 were examined and Exs.P.1 to P.7 were marked on behalf of the complainant – 1st respondent and D.Ws.1 and 2 were examined on behalf of the petitioner. The learned Magistrate, having analysed the said evidence, found the petitioner guilty of the said offence and accordingly sentenced him to suffer simple imprisonment for a period of six months and also to pay a fine of Rs.500/-, in default of payment of fine, he shall suffer simple imprisonment for a period of six weeks. Petitioner questioned the said judgment dated 20.03.2009 passed by the trial court by way of Criminal Appeal 42 of 2009 and the learned I Additional Sessions Judge at Khammam, while concurring with the said finding given by the trial court, dismissed the said appeal by his judgment dated 07.07.2010. The same is questioned in this revision. 2 The learned counsel for the petitioner fairly conceded that this is not a fit case for interference on merits, but, however, requested the court to take a lenient view in so far as the sentence is concerned. 3 Apparently, the appellate court dismissed the appeal on 07.07.2010. But, as the petitioner was absent on that date, the appellate court issued N.B.Ws for his arrest. Thereafter, it appears, the petitioner was arrested and sent to jail to suffer the said sentence of six months imprisonment imposed on him. As it is the contention of the learned counsel for the petitioner that the petitioner is in jail for the last 15 days, this court is inclined to take a lenient view. 4 Accordingly, the said sentence of six months simple imprisonment imposed against the petitioner by the learned II Additional Judicial Magistrate of I Class, Kothagudem in C.C.No.352 of 2008 and as affirmed by the learned I Additional District & Sessions Judge, Khammam in Criminal Appeal No.42 of 2009, for the offence punishable under Section 138 of Negotiable Instruments Act, is reduced to that of the period, which the petitioner had already undergone. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. Excepting the above modification, this revision, in all other aspects is dismissed at the stage of admission. ------------------------------ Kvsn 15th September, 2010