THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1076 of 2003 ORDER: 1 The XIV Metropolitan Magistrate, Hyderabad tried the petitioner in C.C.No.59 of 2000 for the offences punishable under section 138 of the Negotiable Instruments Act and after trial the learned Magistrate accepting the evidence of the complainant convicted the petitioner for the said offence and sentenced him to undergo rigorous imprisonment for six months and also to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a period of two months. The same was questioned by the petitioner in Crl.A.No.253 of 2002 and the I Additional Metropolitan Sessions Judge vide his judgment dated 11.06.2003 while confirming the said sentence imposed by the trial court dismissed the said appeal. Hence the present revision. 2 The case of the complainant is that the petitioner is the customer of the complainant and used to purchase edible oils and other products of the complainant on credit basis. During the course of transactions the petitioner purchased the products of the complainant under two invoices for Rs.20,720/- and 20,20/- respectively. Towards the discharge of the said bills the petitioner issued two cheques dated 30.06.1999 and 30.07.1999 for the said amounts. The complainant presented the said cheques in the bank for clearance, but the same were dishonoured for the reason ‘insufficient funds’. Thereupon the complainant, after following the procedure laid down under the law i.e. issuance of statutory notice etc., filed the present complaint. 3 Heard both sides. 4 Apparently the appeal was dismissed on 11.06.2003 and the petitioner was taken into custody immediately and it is only after this revision was admitted and bail was granted to the petitioner on 30.07.2003 he came out of the jail. Thus it is clear that he was in jail for a period of more than 50 days. As the said sentence imposed on the petitioner is six months and he had already undergone 50 days imprisonment this court takes a lenient view. 5 Accordingly this revision is dismissed, however, the sentence of rigorous imprisonment for six months, as imposed by the courts below, is reduced to that of the period, which the petitioner had already undergone. -------------- 29.07.2010 Kvsn