HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.856 OF 2004 Date: 12-07-2011 Between: V.V. Ramanujam. - - - Petitioner/ Accused. Versus The State of A.P., Rep. By its Public prosecutor, High Court of A.P., Hyderabad and another. - - - Respondents/ Complainant. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.856 OF 2004 JUDGMENT: This Criminal Revision Case is preferred by the Petitioner- Accused against judgment, dated 05-05-2004, rendered in Criminal Appeal No.630 of 2001 by the V Additional District and Sessions Judge, Guntur. 2. The Petitioner (for short, ‘the Accused’) was prosecuted in C.C. No.428 of 1999 for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’). After due trial, the learned IV Additional Munsif Magistrate, Guntur, convicted the accused under Section 255 (2) Cr.P.C. for the offence and sentenced him to undergo Simple Imprisonment for one month and also to pay a fine of Rs.5,000/- and in default of payment of the fine to undergo simple imprisonment for two weeks, whereas, against the said conviction and sentences, the accused filed Criminal Appeal No.630 of 2001 on the file of learned V Additional District and Sessions Judge, Guntur, who dismissed the Criminal Appeal, confirming the conviction and sentence imposed by the trial Court vide judgment, dated 05-05-2004 and challenging the same, the Accused has preferred this Revision. 3. Heard the learned counsel for the accused and the learned Additional Public Prosecutor appearing for the Respondent – State. 4. The prosecution version in brief is that the accused purchased 150 bags of cement on 05-04-1999 from the complainant (PW.1) at the rate of Rs.124-10 paise for a total sum of Rs.19,000/- on the even date drawn on Vijaya Bank, Guntur and the complainant presented the same in his banker on 15-04-1999 but it was returned on the next day with an endorsement “Insufficient Funds” and the complainant got issued a legal notice to the accused on 24-04-1999 and accused received the same on 01-05-1999 and neither he paid the money nor gave any reply. 5. After arguing for some time, learned counsel for the accused has not pressed the main prayer and confined his arguments to the extent of reduction of sentence and requested the Court to show some indulgence in favour of the accused. 6. In view of the said submission and also the fact that the trial Court as well as the appellate Court gave concurrent findings, this Court is of the view that the merits of the prosecution case and the impugned judgment need not be adjudicated. 7. Admittedly, the offence took place in the year 1999 and for all these years the accused suffered humiliation by attending various Courts in connection with this case and loosing valuable part of his life and incurring lot of expenditure. In these circumstances, this Court is inclined to show some mercy towards the accused. 8. Accordingly, the conviction recorded against the Accused by the trial Court for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 as confirmed by the appellate Court is confirmed and the sentence of imprisonment is modified from one month to fifteen (15) days but enhancing the fine to Rs.19,000/- and in default of paying it to suffer Simple Imprisonment for 15 days and with a direction to pay the balance amount to the complainant. The period of imprisonment, if any, undergone by the accused shall be given set off under Section 428 of Cr.P.C. With the above noted modification, the Criminal Revision Case is dismissed. __________________________ G. KRISHNA MOHAN REDDY, J 12h July, 2011. Dsh THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 94 CRIMINAL REVISION CASE No.856 OF 2004 July, 12, 2011 DSH