THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.369 OF 2005 DATED 16th NOVEMBER, 2010. BETWEEN : M.Koteswara Rao ..Petitioner-accused and 1) Thota Sivanageswara Rao 2) The State of A.P. ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.369 OF 2005 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by the petitioner- accused challenging the judgment, dated 24.02.2005, rendered in Criminal Appeal No.436 of 2004 by the I Additional Sessions Judge, Guntur, wherein the learned Sessions confirmed the conviction and sentence imposed by the learned VI Additional Judicial First Class Magistrate, Guntur, in C.C.No.260 of 2003 by judgment dated 30.09.2004 in which the petitioner-accused was convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for one month. Heard. This is a case where both the Courts below gave concurrent findings against the petitioner-accused and convicted him. On perusal of the entire material on record also this Court is not able to see any perversity or infirmity in the judgments of the Courts below. Hence, this Court is not inclined to interfere with the conviction imposed by the trial Court and confirmed by the Appellate Court. Learned counsel for the petitioner submits that petitioner suffered imprisonment for one month. It is also learnt from the submissions of both sides that the petitioner has repaid the entire amount. Considering these circumstances, this Court is of the view that some indulgence can be shown in favour of the petitioner in imposition of sentence. Accordingly, the conviction imposed by the trial Court and 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. The remaining portion of the impugned judgment including fine amount shall stand unaltered. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 16.11.2010 sur