THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.649 of 2002 ORDER: 1 The respondent herein filed a private compliant against the petitioner for the offence punishable under section 138 of Negotiable Instruments Act stating that the petitioner herein borrowed an amount of Rs.50,000/- and in that context a promissory note was executed on 02.12.1998. In discharge of the said amount, a cheque was issued for an amount of Rs.70,000/- on 21.08.2000 and when the same was presented the same was dishonoured with an endorsement “not arranged for”. Thereafter following the due procedure as provided for under the Act, a complaint was filed and the learned III Additional Judicial Magistrate of I Class, Kakinada took cognizance of the offence and it was numbered as C.C.No.415 of 2000. During the course of trial, the private respondent was examined as P.W.1 and two more witnesses were examined and Exs.P.1 to P.8 were marked on his behalf. Having analysed the said evidence, the learned Magistrate accepted the case of the complainant and convicted the petitioner herein for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to suffer simple imprisonment for a period of one year. In addition to that the learned Magistrate also awarded an amount of Rs.70,000/- towards compensation to the respondent. The said judgment dated 06.09.2001 was questioned by filing Criminal Appeal No.307 of 2001 and the learned VII Additional Sessions Judge, Kakinada by his judgment dated 10.06.2002 while holding that the trial court is justified in convicting the petitioner and awarding compensation, dismissed the said appeal. The same is questioned in this revision. 2 When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is wiling to pay the said cheque amount provided he is given sufficient time. In the light of the said submission, this court, without going into the merits, directs the petitioner to pay the said amount of Rs.70,000/- to the complainant within a period of three months from today. It is left open to the petitioner either to pay the said amount of Rs.70,000/- either in instalments or in lumpsum. But, the payment of entire amount shall be done on or before 08.12.2010. If for any reason the petitioner fails to pay the said amount of Rs.70,000/- on or before 08.12.2010, he shall undergo the imprisonment as awarded by the court below. 3 With the above observations, this revision is disposed of. -------------- 09.09.2010 Kvsn