THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.233 of 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-appellant against the judgment, dated 10.02.2005, rendered in Criminal Appeal No.106 of 2004 by the District & Sessions Judge, West Godavari at Eluru. Initially, the petitioner was convicted by the trial Court under section 255(2) of the Code of Criminal Procedure for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo Simple Imprisonment for six months and to pay a fine of Rs.2000/-, in default, to suffer simple imprisonment for one month. Out of the total fine amount of Rs.2,000/-, Rs.1,000/- was ordered to be paid to the de facto complainant towards compensation. Assailing the said Judgment, the petitioner preferred appeal. The appellate court, while dismissing the said appeal, confirmed the conviction imposed by the trial court, but however, reduced the sentence imposed for the offence under Section 138 of the NI Act from six months to three months. Heard. After arguing for sometime, learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. This is a case where both the courts below gave concurrent findings and convicted the petitioner. Hence, this Court is not inclined to interfere with the conviction imposed on the petitioner. In any event, taking into consideration the fact that the matter is pending from the year 2003 the lapse of time, this court is of the view that there is no need to send him to prison now. In these circumstances, this Court is inclined to show some lenience against the petitioner in imposition of sentence. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is hereby reduced to that of the period already undergone by the petitioner in prison. Further, the petitioner is directed to pay a sum of Rs.40,000/- within a period of three months from today. On such payment, the said amount is direted to be paid as compensation to the de facto complainant. If the petitioner fails to deposit the said amount, he has to undergo simple imprisonment for a period of three months. With the above modifications, the Criminal Revision Case is disposed of. Miscellaneous petitions filed along with the revision petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO Date:18.02.2011 Rns