THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1806 OF 2003 ORDER: 1 The petitioner was tried by the learned III Metropolitan Magistrate, Visakhapatnam, in C.C.No.393 of 2000 for the offence punishable under section 138 of Negotiable Instruments Act. The trial court, after full fledged trial, found the petitioner guilty of the said offence and accordingly convicted and sentenced him to undergo simple imprisonment for a period of one year. The said judgment dated 18.04.2001 was questioned by way of filing Criminal Appeal No.68 of 2001 and the learned VIII Additional District & Sessions Judge, Visakhapatnam by his judgment dated 20.03.2003 while confirming the said findings given by the trial court dismissed the said appeal. Aggrieved thereby the petitioner approached this court and filed the present revision. 2 Brief facts are that the first respondent herein is a private limited company doing chit fund business. The petitioner herein joined as one of the subscriber for chit of Rs.10,00,000/- and executed an agreement agreeing for the terms and conditions of the chit. The petitioner participated in the auction and became successful bidder. By furnishing sufficient guarantee the petitioner received the prize money on 10.06.1998. The petitioner has to pay the monthly instalments till the completion of the chit. Towards the payment of monthly instalments the petitioner has issued a cheque bearing No.624442 dated 31.03.2000 for a sum of Rs.1,00,000/- drawn on Andhra Bank, Visakhapatnam in favour of the first respondent. The first respondent presented the cheque with his banker i.e. Andhra Bank, Dwarakanagar Visakhapatnam for collection. But the same was returned unpaid on 06.04.2000 for want of insufficient funds. Thereafter the first respondent after issuing statutory notice and following the due procedure laid under the law, filed the complaint before the trial court. 3 Heard. 4 The appeal was dismissed on 20.03.2003. But the petitioner was not present on the date of judgment. However, subsequently he was taken into custody and this revision was preferred when he was in central prison at Visakhapatnam. This fact is clear from the vakalat filed by the petitioner and the affidavit filed by the petitioner for the reason that the said documents are attested by the Jailer, Central Prison, Visakhapatnam on 27.11.2003. From the above it is clear that the petitioner was in jail as on 27.11.2003 and the petitioner came out of the jail by virtue of the bail granted by this court on 05.12.2003 after admitting this revision. So it is clear that the petitioner was in jail for a period of about ten days. 5 Having regard to the fact that the petitioner was in jail for a period of ten days, and having regard to the fact that the petitioner was made roaming from one court to another for all these years, this court is of the opinion that a lenient view may be taken. 6 Accordingly, the said sentence of simple imprisonment for a period of one year imposed on the petitioner by the courts below is reduced to that of the period, which the petitioner has already undergone. Excepting the above modification this revision in all other aspects is dismissed. -------------- 28.10.2010 Kvsn