THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.827 of 2004 Judgment: This Criminal Revision Case is arising out of the judgment dated 19.4.2004 in Criminal Appeal No.45 of 2003 on the file of the Court of the I Additional District Judge, Nampally, whereby the learned Sessions Judge dismissed the appeal while confirming judgment dated 26.3.2003 of the learned Additional Judicial Magistrate of First Class, Hyderabad, East & North, Ranga Reddy District in C.C.No.864 of 2001. The relevant facts in brief are that the husband of the complainant namely, G. Venkata Reddy and one Buchi Reddy are closely related and the said Buchi Reddy requested the complainant to give a hand loan of Rs.40,000/- to the revision petitioner/accused (for short ‘accused’) in order to meet his family requirements and the complainant lent the said amount to the accused and the accused also executed a pro note promising to repay the same. Further, the accused issued a post dated cheque dated 15.1.2001 for a sum of Rs.40,000/- drawn on A.P. Mahesh Coop. Bank. When the complainant presented the said cheque on 7.3.2001, the cheque was returned unpaid on the ground of insufficiency of funds in the corresponding account of the accused. The complainant, after giving statutory legal notice, filed the corresponding private complaint before the learned Additional Judicial Magistrate of I Class, Hyderabad East & North, R.R. District, against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. The complainant in order to prove her case, got examined herself as P.W.1 besides examining Buchi Reddy as P.W.2 and got marked Exs. P1 to P11. On behalf of the accused, no oral or documentary evidence was let in. Having analyzed the entire oral and documentary evidence on record, the trial Court found the accused guilty of the offence punishable under Section 138 of Negotiable Instruments Act and accordingly convicted and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 5,000/- and in default, to suffer simple imprisonment for one month. Whereas, aggrieved by that the accused carried the matter in appeal before the I Additional District Judge, Nampally, which was dismissed, following which, the accused has filed the present revision. It is mainly contended by the learned counsel for the accused that the complainant happened to be a money lender without any licence and hence there is no legally enforceable debt and therefore, the charge made against the revision petitioner/accused is not maintainable. Perused the judgment of the trial Court. In the impugned judgment, it is clearly observed by the trial Court on the basis of the record that the amount was not lent by the complainant for any interest and hence the contention of the accused that the complaint is not maintainable on the said ground is not tenable and the said observation of the trial Court holds good here also. So far as the other aspects are concerned, there is no dispute. Hence, it has to be held that the complainant established the charge levelled against the accused beyond reasonable doubt. Hence, there are no merits in the revision. The Criminal Revision Case is accordingly dismissed while confirming the conviction and sentence recorded against the revision petitioner- accused. _____________________________ (G. KRISHNA MONHAN REDDY, J) Date: 27.06.2011 pnb