THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.957 OF 2003 ORDER: 1 This revision is directed against the judgment dated 18.04.2003 passed by the learned Additional Judicial Magistrate of I Class West & South, R.R. District at L.B. Nagar, by which, the first respondent was convicted under section 138 of the Negotiable Instruments Act and was sentenced to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a period of three months. Questioning the legality of the said judgment, the de facto complainant preferred this revision stating that the said sentence is inadequate and the court below ought to have sent the first respondent to jail instead of sentencing him to pay fine only. 2 The cheque involved in this case is only Rs.50,000/- and according to the petitioner herein, the first respondent is aged more than 60 years. Further, in my considered view, it is purely the discretion of the court, which tries the accused to impose the sentence. If the court finds that the offence is not that much grave warranting sentence of imprisonment, then it may impose fine upon the accused. Here also the trial court keeping in view the age of the first respondent and in view of the fact that the amount covered under the said cheque was only Rs.50,000/-, imposed the said sentence of fine on the first respondent instead of sentencing him to jail, which discretionary view, in the facts and circumstances of the present case needs no interference. 3 Accordingly, I see no merits in this revision and hence the same is dismissed. -------------- Kvsn 15.07.2010