THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1496 OF 2002 ORDER: 1 This revision is directed against the judgment passed by the learned VII Additional District & Sessions Judge, Krishna District at Vijayawada in Crl.A.No.126 of 1998 dated 07.10.2002 whereby the learned Additional Sessions Judge while dismissing the said appeal confirmed the sentence of imprisonment imposed on the petitioner by the learned VIII Metropolitan Magistrate at Vijayawada in C.C.No.11 of 1998 for the offence punishable under section 138 of the Negotiable Instruments Act. 2 Facts in brief are that the petitioner borrowed a sum of Rs.27,500/- under a promissory note dated 11.09.1996 from the complainant on a stipulated interest @ 24% p.a. When the complainant demanded to repay the said amount, the appellant issued a cheque bearing No.3859819 dated 13.2.1997 drawn on Dena Bank, Vijayawada for Rs.30,000/- towards discharge of the said loan amount. The complainant presented the said cheque for clearance but the same was dishonoured for the reason ‘funds insufficient’. Therefore, the complainant got issued a statutory legal notice to the accused i.e. petitioner and after having waited for the statutory period of 15 days after service of notice to enable the petitioner to pay the amount, filed the present complaint against the petitioner for the offence punishable under section 138 of N.I. Act. 3 The trial court having analysed the entire evidence both oral and documentary found the accused guilty of the offence punishable under Section 138 of Negotiable Instruments Act and accordingly convicted and sentenced the petitioner to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for three months. The trial court also ordered that out of the said fine amount of Rs.10,000/- an amount of Rs.5,000/- shall be paid to the complainant towards compensation as provided for under section 357(3) of Cr.P.C. As against the said judgment dated 24.09.1998 passed by the trial court, the accused preferred Criminal Appeal No. 126 of 1998 and the learned Additional Sessions Judge, Vijayawada as stated supra, dismissed the said appeal, by his judgment dated 07.10.2002. Hence the present revision. 4 Heard. 5 The appeal was dismissed on 07.10.2002 and this court granted bail on 09.10.2002. In view of the fact that the said offence is of the year 1998 and as the accused was made roaming form one court to another for all these years, this court is of the view that trauma which the accused has suffered all these years itself is a sufficient punishment for the offence committed by him. 6 Hence, in order to meet the ends of justice, this court, without going into the merits of the case, holds that the said sentence of six months simple imprisonment can be reduced to that of the period, which the petitioner had already undergone. 7 Excepting the above modification, this revision, in all other aspects, is dismissed. --------------- Kvsn 15.07.2010