HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA Criminal Revision Case No.650 of 2003 ORDER: The petitioner herein was tried by the IV Metropolitan Magistrate, Hyderabad, in C.C.No.505 of 2000 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for brevity ‘the Act’). During the course of trial, the private respondent herein got himself examined as P.W.1 and some more witnesses were examined. Having considered the evidence, the learned Magistrate came to a conclusion that the petitioner was guilty of the charged offence, and accordingly, sentenced him to suffer simple imprisonment for a period of five months and to pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for one month. Against the judgment of conviction, the petitioner preferred Crl.A.No.359 of 2002 and the learned V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, while confirming the said sentence, dismissed the appeal by his judgment dated 09/04/2003. Being aggrieved by the concurrent findings, the petitioner/accused filed this revision case. The brief facts of the case are that the second respondent filed a private complaint under Section 138 of the Act alleging that the petitioner/accused had obtained a loan of Rs.1,20,000/- by giving two post dated cheques. Subsequently, on presentation of the cheques, the same were dis-honoured with cheque return memo with reasons “exceeds arrangement’. After following the procedure under Sections 138 and 142 of the Act, the complainant filed the complaint in C.C.No.505 of 2000. Admittedly, in this revision, two Courts have categorically came to the conclusion that the petitioner issued the cheques and the same were dis-honoured and thus committed the offence under Section 138 of the Act. It appears from the record that the appeal was dismissed on 09/04/2003, and this revision was admitted by this Court on 02/05/2003 and bail was granted. From the said fact it is clear that the petitioner was in jail from 09/04/2003 to 02/05/2003 i.e., for about a month. As such, since the sentence imposed by the Court below is simple imprisonment for a period of five months and the petitioner was in jail for about a month for the said offence and the offence took place on 30/09/1999, this Court is of the view that a lenient view can be taken. Accordingly, the said sentence of simple imprisonment for a period of five (5) months imposed by the trial Court is reduced to that of the period already undergone by the accused. In all other aspects, this Criminal Revision Case stands dismissed. _________________________ GOPALA KRISHNA TAMADA, J 29th July, 2010 SKM