THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1140 of 2003 JUDGMENT: On the basis of the complaint given by the second respondent herein, the petitioner herein was tried by the Special Judicial Magistrate of First Class for PCR Cases at Warangal, in C.C.No.100 of 2000 for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, on behalf of the complainant, P.Ws.1 and 2 were examined and Exs.P-1 to P-7 were marked. On behalf of the accused, none was examined, but Exs.D-1 to D-5 were marked. The learned Magistrate having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, sentenced him to suffer rigorous imprisonment for a period of three months and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for a period of one month. The same was questioned by the accused by filing Criminal Appeal No.1 of 2002 on the file of the II Additional Sessions Judge at Warangal, who by his judgment, dated 28.06.2003, while concurring with the findings recorded by the trial Court, dismissed the appeal, confirming the judgment rendered by the trial Court. Hence, the present Criminal Revision Case. The facts of the case in brief are that the accused borrowed a sum of Rs.48,000/- from the respondent on 14.05.1997 to meet his family necessities, agreeing to repay the same with interest at 24% per annum by duly executing a promissory note. On demand, the accused issued a cheque dated 15.07.1998 for a sum of Rs.61,440/- (including the amount of interest) in favour of the complainant drawn on State Bank of Hyderabad, Chowrastha, Hanamkonda Branch. But on presentation of the same, it was bounced on 24.07.1998. Thereafter, the complainant re-presented the cheque on 12.08.1998, but again, it was bounced. Therefore, he got issued a legal notice, dated 24.08.1998. Though the accused received the same, he did not choose to respond. Hence, the said C.C. filed against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. Heard. This Court looked into the relevant material available on record. The sentence of imprisonment imposed on the petitioner-accused by the trial Court, as was confirmed by the lower appellate Court, is only rigorous imprisonment for three months, hence, this Court is of the view that ends of justice would be met if the said sentence of imprisonment imposed on the petitioner by the trial Court, as was confirmed by the lower appellate Court in the appeal, is reduced to that of the period already undergone by him. Accordingly, the sentence of rigorous imprisonment of three months imposed on the petitioner by the II Additional Sessions Judge at Warangal, in Criminal Appeal No.1 of 2002, by the judgment, dated 28.06.2003, 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 30th September 2010 dr