THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.854 of 2004 JUDGMENT: This revision is filed under Section 397 and 401 Cr.P.C. against judgment made in Crl.A.No.120 of 2003 dated 6.5.2004 on the file of V Additional District and Sessions Judge, Guntur, whereunder order of conviction and sentence passed against the revision petitioner-accused (for short ‘the accused’) for offence punishable under Section 138 of Negotiable Instruments Act in C.C.No.275 of 2002 dated 25.2.2003 on the file of Judicial Magistrate of First Class for Excise, Guntur convicting the accused under Section 255(2) Cr.P.C. was confirmed. The prosecution case is that the accused purchased a consignment of Andhra Teak logs under credit by opening a khata for Rs.3,08,000/- and in spite of several demands, the accused failed to pay the said amount and later the accused issued post-dated cheques, one dated 10.10.2001 for Rs.50,000/- and dated 10.12.2001 for Rs.58,000/- drawn on Corporation Bank, Trunk Road branch, Guntur to the complainant and after the presentation of the two cheques for collection on 7.1.2002 in City Union Bank, Guntur, they were returned with endorsement ‘insufficient funds’ in the corresponding account of the accused. Again on the request of the accused, both the cheques were represented for collection on 13.2.2002 and again were returned for the same reason. Hence, the complainant filed the complaint under Section 138 of Negotiable Instruments Act against the accused. For the prosecution, the complainant got examined himself as P.W.1 and also examined two Bank Officers as P.Ws.2 and 3 and got marked Exs.P1 to P12. For the defence, none were examined and no documents were marked. After a detailed consideration of the matter, the trial Court found the accused guilty of committing the offence punishable under Section 138 of Negotiable Instruments Act (for short ‘the Act’) and accordingly convicted him under Section 255(2) Cr.P.C. whereas, questioning the same, the accused preferred the appeal before the V Additional District and Sessions Judge, Guntur in Crl.A.No.120 of 2003 and the appellate Court after detailed consideration of the matter, dismissed the appeal vide order dated 6.5.2004 confirming the judgment passed by the trial Court and consequently, the present revision is filed by the accused. Though the matter is posted under the caption ‘for orders, no representation is made on behalf of both the parties. It is the plea of the petitioner-accused in the memorandum of grounds of revision that notice issued by the complainant was not received by him that as such, there was no compliance of the relevant provisions of the Act that Exs.P1 and P2 were not signed by him and that the complainant himself filled up the blank cheques issued by him, which amounts to material alteration and therefore Section 138 of the Act cannot be invoked here. Now the point for consideration in this case is whether the Courts below properly examined the evidence adduced and arrived at correct conclusions and whether the judgments passed by are tenable or not. I have gone through the record. Evidence was adduced on behalf of the complainant that there was legally enforceable debt and the petitioner-accused issued the cheques which were dishonoured when presented before concerned forum. Before the Courts below, no plea was taken that the cheques were not signed or were not issued by the petitioner-accused. It is observed by the trial Court that there is no dispute about it. So by virtue of Sections 139 and 138 of the Act, it is to be presumed that there was legally enforceable debt which presumption has not been rebutted. Both the Courts below had properly examined the matter and arrived at correct conclusions. I do not find any reason to interfere with the concurrent findings recorded by both the Courts below and therefore, the revision is liable to be dismissed. Accordingly, the revision is dismissed. _________________________ G.KRISHNA MOHAN REDDY, J Date: 15.6.2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.854 of 2004 15.6.2011