THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 1004 of 2005 ORDER: This revision is preferred questioning the judgment dated 24.6.2005 in Criminal Appeal No. 218 of 2001 passed by the learned II Additional Metropolitan Sessions Judge, Hyderabad confirming the judgment dated 10.5.2001 in C.C.No. 176 of 1999 passed by the learned XXI Metropolitan Magistrate, Hyderabad. The case of the prosecution is that P.W.1 and 2 are owners and possessors of house bearing No. 17-1-364/365, Pissal Banda, Darga hazrath, Barhan Shah, Hyderabad and the appellant herein along with three others has cheated them and obtained the original title deeds from them and obtained loan from Charminar Cooperative Bank in the name of Mr Chand Pasha. Based on the complaint given by P.W.1 and 2, a case in Crime No. 295 of 1998 was registered for the offences under section 420, 468 of IPC. The trial Court on considering the evidence available on record, found accused /revision petitioner herein guilty for the offences under section 420 of IPC and accordingly convicted under section 248 (2) of Criminal Procedure Code and sentenced to undergo rigorous imprisonment for one year and also sentenced to pay a fine of Rs.1000/- in default to undergo simple imprisonment for one month. The remand period undergone by the accused as under-trial prisoner shall be set off under Section 428 of Criminal Procedure Code. Questioning the said judgment, the accused preferred an appeal in Criminal Appeal No. 218 of 2001 and the learned II Additional Metropolitan Sessions Judge, Hyderabad confirmed the conviction and sentence imposed by the trial Court and dismissed the appeal. Hence, the present revision. Learned counsel for petitioner after arguing the matter on merits for some time, prayed this Court to take a lenient view having regard to the fact that the matter is pending since 1998. Heard the learned counsel for petitioner and learned Public Prosecutor and perused the material available on record. Having regard to the facts and circumstances of case, this Court is of the view that there is no reason warranting interference with the concurrent findings recorded by the Courts below. However, taking into consideration the fact that the matter is pending since 1998, it is felt appropriate that a lenient view can be taken in the matter. Hence, while confirming the conviction, the sentence is modified and reduced to the period of sentence already undergone by the petitioner. Further, the petitioner is directed to pay a sum of Rs.3000/- (Rupees three thousand only ) within a period of eight weeks from the date of receipt of copy of this order. On failure to pay such an amount, the petitioner shall undergo simple imprisonment for a period of one month. The fine amount now imposed is in addition to the fine imposed by the trial Court. Subject to above modification, the Criminal Revision case is disposed of. _____________ RAJA ELANGO,J DATE: TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1004 OF 2005 Date: 20.1.2011