THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.660 of 2003 JUDGMENT: The petitioner herein was tried by the Additional Judicial Fist Class Magistrate, Sangareddy, in C.C.No.558 of 1999 for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, on behalf of the complainant, P.Ws.1 and 2 were examined and Exs.P-1 to P-7 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 six months and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for two months. The same was questioned by the accused by filing Criminal Appeal No.73 of 2001 on the file of the III Additional District and Sessions Judge (Fast Track Court), Medak at Sangareddy, who by his judgment, dated 30.04.2003, 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 and the accused are residents of same locality. While so, on 30.04.1997, the accused approached the complainant for a loan of Rs.1,20,000/- and that on the same day, the complainant gave the accused the said sum and the accused executed a promissory note to that effect in favour of the complainant and also issued a cheque bearing No.439052, dated 30.04.1999, for Rs.1,20,000/- and when the same was presented for collection, it was dishonoured by the Andhra Bank, Rama chandrapuram Branch. As such, the complainant got issued a legal notice to the accused on 18.08.1999 and the said notice was served on the accused on the same day itself. Having received the legal notice, the accused issued a reply notice denying all the contents of the notice and he has not made any repayment. As such, the accused committed the offence punishable under Section 138 of the Negotiable Instruments Act. When the matter is taken up for hearing, 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 entire cheque amount has been paid by the petitioner to the complainant. Heard. Though it is the contention of the learned counsel for the petitioner-accused that the entire cheque amount has been paid by the accused to the complainant, no documentary proof has been produced to establish the said fact. But, from the record, it is clear that the appeal was dismissed by the lower appellate Court on 30.04.2003 and immediately, the petitioner-accused was taken into custody. It is only after admission of this Criminal Revision Case by this Court on 02.05.2003 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 2 days. As the learned counsel for the petitioner stated that the cheque amount has already been paid by the accused to the complainant and he was also in jail for about two days, 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 six months imposed on the petitioner by the III Additional District and Sessions Judge (Fast Track Court), Medak at Sangareddy, in Criminal Appeal No.73 of 2001, by his judgment, dated 30.04.2003, 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