THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.775 of 2011 JUDGMENT: On the basis of the private complaint filed by the second respondent herein stating that the petitioner herein issued a cheque, dated 04.01.1999, for Rs.82,000/- towards the repayment of the amount borrowed by him under a promissory note promising to repay the same with interest at the rate of 24% per annum and that, when the same was presented with the banker-Andhra Bank, Eluru, for the purpose of collection, it was returned with an endorsement “account was closed”, attracting the provisions of Section 138 of the Negotiable Instruments Act, the learned II Additional Judicial First Class Magistrate, Eluru, has numbered it as C.C.No.114 of 1999. During the course of trial, on behalf of the complainant, the complainant got himself examined as P.W-1 and also examined P.W-2 and got marked Exs.P-1 to P-5. On behalf of the accused, none was examined and no documents were marked. The learned Magistrate having analysed the entire evidence, by his judgment, dated 20.01.2000, 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 one month. Against the said judgment, the accused filed an appeal being Criminal Appeal No.18 of 2000 on the file of the Principal Sessions Judge, West Godavari, Eluru, who by his judgment, dated 28.03.2011, 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-accused 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. Having heard the submission of the learned counsel for the petitioner, this Court looked into the record. The impugned judgment of the lower appellate Court was pronounced on 28.03.2011 and on the same day the petitioner-accused was arrested and sent to jail and as of today, he is in jail for quite some time. That apart, as the alleged offence is of the year 1999 and the cheque amount is only for Rs.82,000/- and that the sentence of imprisonment imposed on the petitioner-accused by both the Courts below is only one month, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of one month for the offence punishable under Section 138 of the Negotiable Instruments Act IPC imposed on the petitioner-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. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 29th March 2011 DR