THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1706 of 2003 JUDGMENT: The petitioner herein was tried by the XVI Metropolitan Magistrate, Hyderabad, in C.C.No.308 of 1998 for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, on behalf of the complainant, P.W-1 was examined and Exs.P-1 to P-11 were marked. On behalf of the accused, neither oral nor documentary evidence was adduced. The learned Magistrate having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, sentenced him to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for three months. The same was questioned by the accused by filing Criminal Appeal No.151 of 2003 on the file of the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge, Hyderabad, who by his judgment, dated 24.10.2003, while concurring with the findings recorded by the trial Court, dismissed the appeal confirming the judgment rendered by the trial Court. Hence, the present Criminal Revision Case. The brief facts of the case are that the complainant- Bank lent a sum of Rs.45 lakhs to the accused and the same is repayable in 35 equated monthly instalments at the rate of Rs.1,69,000/- per month. The accused issued 35 post dated cheques. When the same were presented by the complainant, they were returned since “funds insufficient.” Though the complainant issued legal notice, the accused did not repay the same. Hence, the complaint by the complainant. 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 has been in jail for a period of about 18 days i.e., from 24.10.2003 to 11.11.2003. In the light of the said submissions, this Court looked into the record. The appeal was dismissed by the lower appellate Court on 24.10.2003 and immediately, the petitioner-accused was taken into custody. It is only after admission of this Criminal Revision Case by this Court on 11.11.2003 and by virtue of the bail granted by this Court, the petitioner-accused was released from jail. From the above, it is clear that he was in jail for a period of about 18 days. As the sentence of imprisonment imposed on the petitioner-accused by the trial Court, as was confirmed by the lower appellate Court, is only rigorous imprisonment for one year and as the petitioner has already undergone a sentence of about 18 days, at this length of time, this Court is of the view that ends of justice would be met if the said sentence of imprisonment imposed on the petitioner by the trial Court, as was confirmed by the lower appellate Court in the appeal, is reduced to that of the period already undergone by him. Accordingly, the sentence of rigorous imprisonment of one year imposed on the petitioner by the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge, Hyderabad, in Criminal Appeal No.151 of 2003 by the judgment, dated 24.10.2003, 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 30th September 2010 dr