THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1867 of 2004 JUDGMENT: On the basis of the private complaint filed by the first respondent herein stating that the petitioner herein issued a cheque, dated 22.10.2001, for Rs.1,00,000/- towards the payment of the monthly chit and that, when the same was presented with the banker-ICICI Bank, Guntur, for the purpose of collection, it was returned with an endorsement “funds insufficient”, attracting the provisions of Section 138 of the Negotiable Instruments Act, the learned Judicial First Class Magistrate for Excise, Guntur, has numbered it as C.C.No.76 of 2003. During the course of trial, on behalf of the complainant, the complainant got himself examined as P.W- 1 and also examined P.Ws-2 and 3 and got marked Exs.P-1 to P-21. On behalf of the accused, D.W-1 was examined and Exs.D-1 and D-2 were marked. The learned Magistrate having analysed the entire evidence, by his judgment, dated 30.09.2003, found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and accordingly, convicted and sentenced him to suffer simple imprisonment for six months and further, directed the petitioner to pay a sum of Rs.1,000/-, in default to suffer simple imprisonment for two months. Against the said judgment, the accused filed an appeal being Criminal Appeal No.379 of 2003 on the file of the XI Additional District and Sessions Judge, (Fast Track Court), Guntur, who by his judgment, dated 28.10.2004, dismissed the appeal, confirming the conviction and sentence imposed on the petitioner by the trial Court. Challenging the said judgment, the petitioner-accused approached this Court and filed the present Criminal Revision Case. Learned counsel for the petitioner fairly conceded that it is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for five days and he has also paid the fine amount. Heard learned counsel for the petitioner. This Court, while admitting this Revision on 01.11.2004, temporarily released the petitioner on bail. Thus, it is clear that the petitioner was in jail from 28.10.2003 i.e., the date of pronouncement of judgment by the lower appellate Court till 01.11.2004 i.e., for about five years and further, as the offence is of the year 2001, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of six months for the offence punishable under Section 138 of the Negotiable Instruments Act imposed on the petitioner herein-accused by both the Courts below is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th March 2011 DR