GANGA BHAVANI CONSTRUCTIONS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by the conviction under Section 138 of the Negotiable Instruments Act and the sentence of one year imposed upon Sri Reddy Satyanarayana @ Satish, the appellant-M/s. Ganga Bhavani Constructions has preferred this appeal.

(3.) The appellant-M/s. Ganga Bhavani Construtions has borrowed a sum of Rs.10,00,000/- (Rupees Ten Lakhs) from the second respondent-Narapureddy Sanyasi Rao on 04.04.2007. The appellant executed a promissory note in favour of respondent no.2. Additionally, the appellant also issued a cheque on 17.04.2008. Upon presentation of the same, the said cheque was returned with endorsement "payment stopped by drawer" on 18.04.2008. In the complaint filed by the second respondent-Narapureddy Sanyasi Rao under Section 138 of the N.I. Act, the Trial Court vide Judgment dated 17.04.2012, convicted the appellant under Section 138 of the N.I. Act and sentenced him to undergo simple imprisonment for a period of two years. The First Appellate Court affirmed the conviction and also the sentence of imprisonment imposed upon the appellant. The High Court vide impugned judgment dated 11.10.2018 dismissed the revision petition upholding the conviction of the appellant observing that the appellant had admitted his signature on the cheque and has failed to rebut the presumption under Section 138 of the N.I. Act. The High Court while affirming the conviction has reduced the sentence of imprisonment imposed upon the appellant from two years to one year. Being aggrieved the appellant has preferred this appeal.