IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.NO : 807 OF 2002 Between: Damodar Lal Tapadia ..... PETITIONER AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of AP, Hyderabad and another. .....RESPONDENT(S) HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No. 807 of 2002 JUDGMENT: The petitioner was tried as an accused in C.C.No.216 of 1997 on the file of the II Metropolitan Magistrate, Hyderabad, for the offence punishable under Section 138 of the Negotiable Instruments Act (fore brevity ‘the Act’). The learned Magistrate having assessed the entire evidence came to the conclusion that the petitioner was guilty of the said offence and accordingly, sentenced him to undergo simple imprisonment for six months and also to pay a fine of Rs.2,000/-, in default, to undergo simple imprisonment for one month. Against the said judgment, the petitioner filed Crl.A.No.423 of 1999 and in the appeal, the judgment passed in C.C.No.216 of 1997 was confirmed. Hence, the petitioner approached this Court and filed the present revision case. 2. The brief facts are that the accused approached the complainant-Bank for a loan of Rs.1,50,000/- for the purpose of development of his business. Accordingly, the loan was sanctioned under Loan A/c.No.154. The accused agreed to repay the same with interest at 20% per annum in 35 monthly instalmetns at Rs.6,750/- per each instalment. On the same day, the accused issued 35 post-dated cheques in favour of complainant Bank, at Rs.6,750/- each, and promised to get the same encashed as and when presented by the complainant Bank within its validity period. But, however, when the cheques bearing Nos.005676, dated 05-04-1997, 005677, dated 05-05-1997, 005678, dated 05-06-1997 and 005679, dated 05-07-1997, at Rs.6,750/- each, were presented on 05-07-1997 as per the instructions of the accused, the same were returned with an endorsement “Funds Insufficient” in the account of the accused. On that after issuing legal notice to the accused and as there was no response from him, the complainant-Bank filed the complaint. 3. When this revision was filed, a petition to dispense with the filing of the copy of the judgment delivered by the lower appellate Court was filed and this Court dispensed with the filing of the copy of the said judgment. On the last occasion on 22-7-2010, when the matter was taken up for hearing, this Court specifically directed the petitioner to get a copy of the Judgment in Crl.A.No.423 of 1999, dated 18-10-2001. Despite said direction, the petitioner failed to produce a copy of the judgment, and as such, this Court is unable to know as to what are the contents of the appellate Court’s judgment. Apparently, the trial Court found the petitioner guilty of the said offence punishable under Section 138 of the Act and sentenced him to undergo simple imprisonemnt for a period of six months and also to pay a fine of Rs.2,000/-, in default to simple imprisonment for one month. 4. Of-course, it is stated by the learned counsel for the petitioner that the sentence simple imprisonment for a period of six months is reduced to three months by the lower appellate court, but absolutely there is no proof to establish that the said sentence is reduced to three months. However, taking into consideration the totality of the circumstances, I see no merits in this revision. 5. Accordingly, the Criminal Revision Case is dismissed. ___________________ 5th August 2010 KVR