THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No.71 OF 2009 ORDER: This revision is filed against the Judgment in Criminal Appeal No.207 of 2008 on the file of the II Additional Metropolitan Sessions Judge, Hyderabad, confirming the conviction and sentence of Rigorous Imprisonment for one year and fine of Rs.5,000/- (Rupees Five Thousand only), in default of payment of fine, simple imprisonment for one month for the offence punishable under Section 138 of the Negotiable Instruments Act passed by the VI Additional Chief Metropolitan Magistrate, Hyderabad, in Calendar Case No.304 of 2003. 2. Parties are referred to as in the trial Court. 3. The case of the prosecution, in brief, is that the accused is said to have borrowed an amount of Rs.1,50,000/- from the complainant on 30.04.2000 agreeing to repay the same with interest @ 24% per annum and executed a promissory note. Thereafter, the accused issued two cheques bearing Nos.954831 and 954832, dated 16.10.2002 for Rs.1,00,000/- and Rs.1,37,000/- respectively. When the same were presented by the complainant, they were dishonoured. Thereafter, after giving notice prosecution has been instituted. The accused has denied his liability. 4. After considering the evidence of PW.1 and Exs.P.1 to P.1 and Exs.D.1 to D.8, the learned Magistrate found the accused guilt of offence punishable under Section 138 N.I. Act and convicted him, against which appeal was preferred and the learned II Additional Metropolitan Sessions Judge confirmed the conviction and sentence. Against the said appeal, the present revision is filed. 5. The Courts below have appreciated the evidence with regard to issuance of the cheques towards an enforceable liability and dishonour of the same. There are no infirmities in the appreciation of evidence or about the application of the law. 6. Therefore, the Criminal Revision Case is dismissed. The lower Court is directed to take steps for apprehension of the accused. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:09-12-2011 INL