THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.180 of 2011 JUDGMENT: On the basis of the private complaint filed by the second respondent herein stating that the petitioner herein issued cheque for a sum of Rs.32,830/- and when the same was presented, it was returned with an endorsement “funds insufficient”, attracting the provisions of Section 138 of the Negotiable Instruments Act, the learned Additional Junior Civil Judge, Ponnur, has numbered it as C.C.No.84 of 2007. During the course of trial, on behalf of the complainant, P.W-1 was examined and Exs.P-1 to P-12 were marked. On behalf of the accused, none was examined nor any documents were marked. The learned Magistrate having analysed the entire evidence, by his judgment, dated 31.05.2010, found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and accordingly, convicted and sentenced him to suffer simple imprisonment for three months. Against the said judgment, the accused filed an appeal being Criminal Appeal No.287 of 2010 on the file of the VII Additional Sessions Judge, (Fast Track Court), Guntur, who by his judgment, dated 25.01.2011, dismissed the appeal, confirming the judgment of the trial Court. Hence, the present Criminal Revision Case filed by the accused. Today, when the matter is taken up for hearing, learned counsel for the petitioner fairly conceded that it is not a fit case for interference, but, however, submitted that the petitioner was in jail for a week and requested this Court to take a lenient view. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent- State. In the light of the said submission, this Court looked into the record. Apparently, the impugned judgment was pronounced on 25.01.2011 and immediately, the petitioner was sent to jail to suffer the imprisonment imposed on him. Thus, as on today, the petitioner suffered imprisonment for a week. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of three months imposed on the petitioner-accused for the offence punishable under Section 138 of the Negotiable Instruments Act by both the Courts below, is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st January 2011 DR