HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No.246 of 2009 Date: November 14, 2011 Between: Silla Apparao … Petitioner/ Appellant And 1. The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad & anoher. … Respondents/ Respondents * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No.246 of 2009 JUDGMENT: The petitioner, who is accused in C.C. No.124 of 2006 on the file of the Special Judicial Magistrate of the First Class (Excise), Vizianagaram, was convicted for the offence under Section 138 of Negotiable Instruments Act to suffer rigorous imprisonment for a period of three months and also to pay a fine of Rs.500/- which was confirmed in Criminal Appeal No.59 of 2007 on the file of the Sessions Judge, Vizianagaram. 2. According to the case of the complainant the petitioner was provided a loan of Rs.50,000/- for purchase of household articles and on 07.3.2005 the petitioner issued a cheque for Rs.1,784/- drawn on Syndicate Bank, Vizianagaram, in discharge of the loan amount. When the said cheque was presented to the State Bank of India, Bazaar Branch, Vizianagaram, for collection, it was dishonoured and consequently the complaint was lodged. 3. The evidence of P.W.1 is that a sum of Rs.25,500/- was sanctioned and also paid a sum of Rs.4,500/- towards margin money and relied upon Ex.P-7, account copy. A cheque was issued under Ex.P-2 and the same was said to have been presented for collection and dishonoured. The accused could not give any explanation as to for what purpose the cheque was issued. Non-filing of the agreement for lending of the money is not material, since the availment of loan and issue of cheque are not disputed and dishonour of the cheque is also established. Therefore, all the requirements for a valid conviction under Section 138 of the Negotiable Instruments Act are established. 4. Learned counsel for the petitioner contends that most of the loan amount has been discharged and the revision petitioner has also suffered imprisonment for sufficient time and therefore lenience may be shown. 5. Taking into consideration the amount of dishonoured cheque and also the fact that the accused was in jail for some time and as the loan is said to have been cleared, while confirming the conviction of the accused for the offence under Section 138 of the Negotiable Instruments Act and maintaining the imposition of fine of Rs.500/- the sentence of imprisonment of three months is reduced to the period already undergone by the petitioner. 6. Accordingly the criminal revision case is allowed. ___________________________ N.R.L. NAGESWARA RAO, J Date: November 14, 2011. BSB