IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1134 OF 2010 BETWEEN: Alagadri Koteswra Rao S/o. Chennaiah …. Petitioner AND State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …. Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1134 OF 2010 ORDER: On 23-06-2010, the petitioner’s counsel was absent both during before lunch session and after lunch session and there was no representation. So, the matter was directed to be listed today under the caption ‘for dismissal’. Inspite of it, today also the petitioner’s counsel is absent and there is no representation. It appears that the petitioner is not interested to pursue the matter. 2. The Magistrate convicted the accused for offence under Section 138 of the Negotiable Instruments Act and sentenced him to rigorous imprisonment for six months. It was confirmed by the Sessions Judge also. The complainant examined himself as PW-1 and marked dishonoured cheque as Ex.P-2 and dishonour memo of the banker as Ex.P-3. The cheque was not returned on the ground that signature of the executant is not tallying but it was returned for want of sufficient funds. Subsequently, the complainant issued Ex.P-4 notice to the accused and it was returned as per Ex.P-5. The complainant also proved existence of legally enforceable debt by filing Ex.P-1 promissory note executed by the accused. There was no need to send the cheque to any expert as there is no dispute about the accused issuing the cheque in favour of the complainant. The burden is on the accused to prove that he issued blank signed cheque. 3. Both the Courts below on appreciation of evidence, found that the accused did not discharge the said burden. There is no valid or legal aspect on which the petitioner is entitled for any relief in this revision petition. This revision petition lacks merits. 4. Accordingly, the revision petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J June 25, 2010 KTL