THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.134 OF 2004 JUDGMENT: This Criminal Revision Case is filed by the complainant challenging the judgment, dated 25.06.2003, passed by the Metropolitan Sessions Judge, Hyderabad, in Crl.A.No.21 of 2002, wherein and whereby the judgment, dated 27.12.2001, passed in C.C.No.131 of 1999 on the file of the II Metropolitan Magistrate, Hyderabad, convicting and sentencing the petitioner- accused to undergo simple imprisonment for one month and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one month, was modified i.e., the sentence of imprisonment is modified by confining the same to payment of fine of Rs.5,000/-. The facts of the case, in brief, are that the second respondent herein-accused borrowed a hand loan of Rs.40,000/- from the complainant and towards discharge of the same, he issued a cheque bearing No.0846788, dated 08.03.1999 and when the same was presented in the bank, it was returned with an endorsement “want of funds”. Subsequently, though the accused received the legal notice sent by the complainant, he neither sent any reply nor paid the amount. Hence, the complainant filed the said complaint before the II Metropolitan Magistrate, Hyderabad and the same was taken on file as C.C.No.131 of 1999. During the course of trail in the said C.C., on behalf of the complainant, the complainant got herself examined as P.W-1 and examined another person as P.W-2 and marked Exs.P-1 to P-8. On behalf of the defence, none was examined, but Exs.D-1 and D-2 were marked. The learned Magistrate having analysed the entire evidence, both oral and documentary, came to the conclusion that the accused is guilty of the said offence and accordingly, by his judgment, dated 27.12.2001, convicted and sentenced him as stated supra. The said judgment was questioned by the second respondent herein-accused by filing Criminal Appeal No.21 of 2002 and the learned Metropolitan and Sessions Judge, Hyderabad, vide judgment dated 25.06.2003, dismissed the appeal confirming the conviction imposed on the second respondent-accused by the trial Court, but, however, the learned Sessions Judge was pleased to delete the sentence of imprisonment confining the same to payment of fine of Rs.5,000/-. Challenging the said judgment, the petitioner-complainant approached this Court and filed this Revision. When the matter is taken up for hearing, learned counsel for the petitioner-complainant contended that as two cheques given by the second respondent herein- accused were dishonoured, the complainant gave two private complaints, which were numbered as C.C.Nos.130 and 131 of 1999. She further submitted that as against the conviction and sentence imposed on the accused in C.C.No.130 of 2001, he preferred Crl.A.No.22 of 2002, wherein the judgment of the trial Court was confirmed, modifying the sentence of imprisonment to that of only fine amount and challenging the same, the complainant filed Crl.R.C.No.533 of 2004 before this Court and this Court by its judgment, dated 12.09.2008, disposed of the same, directing the second respondent herein-accused to pay compensation of Rs.40,000/- to the complainant. Thus, by referring to all these facts, the learned counsel for the petitioner submitted that the same view may be taken in this case also as the present Criminal Revision Case also arises out of the same transaction with regard to dishonouring of the cheques issued by the second respondent herein to the petitioner. A copy of the said judgment, dated 12.09.2008, rendered by this Court in Crl.R.C.No.533 of 2004 is placed before this Court. From a perusal of the same, this Court is satisfied that the complainant and the accused in that case and in the present case are one and the same, and also the cheque in question in the present case is issued on the same date as that of the subject cheque in Crl.R.C.No.533 of 2004, which was disposed of by this Court. Hence, this Court is of the considered view that this Criminal Revision Case also be disposed of in the same terms. Accordingly, this Criminal Revision Case is disposed of, directing accused/second respondent herein to pay compensation of Rs.40,000/- (Rupees forty thousand only) to the petitioner-complainant within a period of six weeks from the date of receipt of a copy of this order. In event of failure to deposit the awarded amount in the stipulated period, the second respondent-accused shall suffer imprisonment imposed on him by the trial Court. With the above directions, this Criminal Revision Case is disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 03rd February 2011 DR