THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.699 of 2004 JUDGMENT: On the basis of a private complaint filed by the second respondent herein, the petitioner was tried by the I Additional Judicial First Class Magistrate, Khammam, in C.C.No.2 of 2001 for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, the complainant got himself examined as P.W.1 and examined P.W-2 and got marked Exs.P-1 to P- 6. On behalf of the accused, neither oral nor documentary evidence was let in. The learned Magistrate having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, by her judgment, dated 13.12.2002, sentenced him to suffer simple imprisonment for a period of six months and to pay the cheque amount of Rs.1,00,000/- to the complainant towards compensation. The same was questioned by the accused by filing Criminal Appeal No.3 of 2003 on the file of the II Additional Sessions Judge (Fast Track Court-I), Khammam, who by his judgment, dated 06.04.2004, while concurring with the findings recorded by the trial Court, dismissed the appeal, thereby confirming the judgment rendered by the trial Court. Hence, the present Criminal Revision Case. The succinct facts of the case are that the petitioner issued two separate cheques for Rs.1,00,000/- each drawn on A.P. Mahesh Co-Operative Urban Bank Limited, Khammam Branch, towards discharge of the amount borrowed by him from the second respondent herein on 08.09.1999 under two promissory notes. When the said cheques were presented for clearance with the banker, they were dishonoured. Subsequently, after issuance of the notice, as the petitioner failed to repay the said amount, the second respondent herein filed the said private complaint. When this matter is taken up for hearing, learned counsel for the petitioner submitted that already two suits being O.S.Nos.61 and 69 of 2001 on the file of the Senior Civil Judge, Khammam were instituted by the second respondent for recovery of the money due under the said cheques and the same were decreed and in one of the said suits, the Execution Proceedings also has been closed. Having regard to the said fact that the suits filed by the second respondent-complainant with regard to the money due by the petitioner under the said cheques have already been decreed and the petitioner was in jail for a period of about 3 days i.e., from 06.04.2004, the date of passing of the impugned judgment till the date on which bail was granted by this Court on 08.04.2004, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of imprisonment imposed on the petitioner-accused by both the Courts below is reduced to that of the period of sentence already undergone by him. Except the said modification in sentence, in all other aspects the Criminal Revision Case is dismissed. __________________________________ JUSTICE GOPALA KRISHNA TAMADA 17th February 2011 DR