HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.282 OF 2005 ORDER: The petitioner/accused was tried by the Addl. Judicial Magistrate of First Class, Tadepalligudem, in C.C.No.531 of 1996 for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, on behalf of the complainant, 2nd respondent herein, P.Ws.1 and 2 were examined and Exs.P.1 to P.8 were marked. On behalf of the accused, D.Ws.1 to 3 were examined and Exs.D.1 to D.23 were marked. On a careful consideration of both the oral and documentary evidence, the learned Magistrate came to the conclusion that the accused is found guilty of the offence, and accordingly, convicted and sentenced him to pay a fine of Rs.57,200/- in default to undergo simple imprisonment for three months, by judgment dated 17.02.1999. As against the said judgment, the accused filed Crl.A.No.67 of 1999 on the file of the V Addl. Sessions Judge (FTC), Eluru, and after re-appreciation of the material available on record, the learned Sessions Judge reduced the fine from Rs.57,200/- to Rs.33,600/- (bounced cheque amount of Rs.28,600/- and fine of Rs.5,000/-) and ordered that the fine of Rs.5,000/- be remitted to the Government and a sum of Rs.28,600/- be paid to P.W.1 as compensation, as ordered by the trial Court, and with the above modification in the sentence, dismissed the appeal, vide judgment dated 16.03.2004. Being aggrieved by the same, the accused preferred this revision. Heard both sides. Having perused the record and also the impugned judgments, this Court is of the view that the Courts below have given concurrent findings that the accused is guilty of the offence punishable under Section 138 of the N.I. Act and hence the said findings cannot be interfered with. At this juncture, learned counsel for the petitioner prayed this Court to take a lenient view towards the petitioner. Taking into consideration the submission of the learned counsel and in the facts and circumstances of the case, the fine of Rs.5,000/- is reduced to Rs.2,500/- (Rupees Two thousand five hundred only) and in all other respects, the impugned judgment stands confirmed. Accordingly, the Criminal Revision Case is disposed of. _________________ RAJA ELANGO, J 27th April, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.282 OF 2005 DATE:27.04.2011 Between : Premchand Agarwal .. Petitioner/Accused and State of A.P. and another .. Respondents HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.282 of 2005 (Disposed of) 27th April, 2011 cbs