THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1831 OF 2003 ORDER: 1 This revision is directed against the judgment passed by the learned I Additional Sessions Judge, Warangalin Criminal Appeal No.177 of 2001 dated 27.10.2003 whereby the learned Sessions Judge dismissed the appeal preferred by the petitioner questioning the judgment passed by the learned Special Judicial Magistrate of I Class for PCR cases, Warangal in C.C.No.146 of 2001 taken on file for the offence punishable under section 138 of Negotiable Instruments Act. 2 The facts in brief are that the first respondent herein filed the said complaint before the trial court alleging that the petitioner herein had been running a chit fund company and the first respondent joined as a member of the said chit fund company and became a successful bidder in the auction conducted by the petitioner in the month of January 2000 having agreed to forego a sum of Rs.5,500/-. The prized amount of Rs.44,500/- was payable to the second respondent. The petitioner issued two cheques bearing Nos.394720 and 394721 dated 10.02.2000 and 20.02.2000 for Rs.24,500/-and Rs.20,000/- respectively. The first respondent presented those two cheques with his banker for collection. But the same were returned unpaid 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 and the same was taken on file as C.C.No.146 of 2001 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 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 said judgment dated 14.09.2001 was questioned by way of filing Criminal Appeal No.177 of 2001 and the learned I Additional District & Sessions Judge, Warangal by his judgment dated 27.10.2003 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. 3 Heard. 4 The appeal was dismissed on 27.10.2003 and the petitioner was taken into custody on the very same day. The petitioner came out of the jail by virtue of the bail granted by this court on 11.12.2003 after admitting this revision. So it is clear that the petitioner was in jail for a period of 45 days. 5 Having regard to the fact that the petitioner was in jail for a period of 45 days, 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 six months 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