THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1592 of 2009 Date:24th September, 2009 Between: Srinivasa Gunduluri Complex Flat Owners Association rep. by SPA holder G.Bhaskar …Petitioner and 1. The State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Anr. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1592 of 2009 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 30.07.2009 passed in C.C.No.674 of 2007 on the file of VI Additional Chief Metropolitan Magistrate, Hyderabad, whereby and whereunder the learned Magistrate found accused R.N.Singh guilty for the offence under Section 138 of the Negotiable Instruments Act and convicted him accordingly and sentenced him to pay a fine of Rs.1,000/-, in default, to suffer one month simple imprisonment. Dis- satisfied with the quantum of sentence, the complainant has filed this revision. 2. Heard learned counsel appearing for the petitioner and perused the judgment impugned in the revision. 3. Learned counsel appearing for the petitioner submits that the petitioner/complainant submits that the trial Court having found the accused guilty for the offence under Section 138 of the Negotiable Instruments Act, ought to have imposed sentence of imprisonment against the accused or award compensation as provided under Section 357 Cr.P.C. A further submission has been made that the circumstances of the case does not warrant a lenient view to be given to the 2nd respondent/accused. 4. I have gone through the judgment impugned in the revision. The learned Magistrate after hearing the accused with regard to the quantum of sentence and also considering the cheque amount, proceeded to impose a fine of Rs.1,000/-. The relevant portion of the judgment reads as hereunder: “I heard the accused on quantum of sentence. He pleaded that he has to maintain his family. The cheque amount is only Rs.1,600/-. In the circumstances of the case, and taking into consideration of the value of the cheque, accused is sentenced to pay a fine of Rs.1,000/- (Rupees One thousand only) and in default, he shall undergo one (1) month simple imprisonment.” The learned Magistrate has given cogent and convincing reasons for imposing fine of Rs.1,000/- instead of sentencing the accused to imprisonment. I do not see any flaw in the judgment impugned in the revision. 5. Accordingly, the Criminal Revision Case is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:24th September, 2009. Cs