HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.280 OF 2004 JUDGMENT: This Criminal Revision Case is directed against judgment dated 17.2.2004 in Criminal Appeal No. 130 of 2003 on the file of III Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder learned Sessions Judge, dismissed the appeal while confirming conviction and sentence recorded by the learned XII Metropolitan Magistrate, Hyderabad against the petitioner-Accused in C.C. No. 392 of 1998, dated 24.2.2003. The facts which led to the filing of the Criminal Revision Case are as follows: The 1st respondent filed a private complaint against the petitioner, alleging that the petitioner issued a cheque on 16.9.1998 for Rs.45,000/- to the 1st respondent with regard to supply of kova. When the 1st respondent presented the same for clearance, it was dishonoured for ‘insufficiency of funds”. Thereafter, the 1st respondent issued a notice to the petitioner calling upon him to pay the amount covered under the cheque. In spite of the same, the petitioner failed to pay the amount covered by the said cheque. Hence, he filed a private complaint against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, which was taken on file as C.C. No. 392 of 1998 by the learned Magistrate. The 1st respondent-complainant in order to prove his case, got himself examined as P.W.1. He also examined Branch Manager, Andhra Bank as P.W.2 and got marked Exs. P1 to P5. On behalf of the petitioner-accused, D.Ws. 1 and 2 were examined and Exs. D1 and D2 were marked. Having analyzed the entire oral and documentary evidence on record, the learned Metropolitan Magistrate found the petitioner-accused guilty of committing the offence and accordingly, convicted the petitioner-accused of the said offence and sentenced him to suffer simple imprisonment for six months and to pay a fine of Rs.2000/- whereas aggrieved by the same, the petitioner-accused filed the Criminal Appeal No. 130 of 2003 before the III Additional Metropolitan Sessions Judge, Hyderabad and the learned Sessions Judge, dismissed the appeal. Hence, the present revision case is filed by the petitioner-accused. It is the contention of learned counsel for the revision petitioner that the petitioner paid the entire amount of Rs.45,000/- to the defacto complainant and the Court below failed to appreciate the matter properly. He further has submitted that the petitioner was already in jail for seven days and the sentence may be reduced to the same period of detention undergone by him. The point for consideration is whether there are sufficient grounds to set aside the judgment passed by the lower appellate Court ? Heard learned counsel for the petitioner and perused the records. The petitioner has been wandering around the Courts since many years. Further, it is significant to note that the petitioner is said to have paid the entire amount of Rs. 45,000/- to the defacto complainant, about which, there is no dispute. The Courts below properly adjudicated the matter and there is no reason to interfere with the concurrent findings of both the Courts. However, considering the facts and circumstances of the case, I am inclined to reduce the sentence of simple imprisonment of six months imposed on the petitioner-accused for offence under Section 138 of the Negotiable Instruments Act to two months, while retaining the fine clause. In the result, the Criminal Revision case is dismissed subject to the above modification. _____________________________ G. KRISHNA MOHAN REDDY,J Date: 26.4.2011 pnb