M G GOPINATH Vs. S R RANKA

JUDGEMENT

(1.) Admitted and heard for final disposal.

(2.) The petitioner in this revision petition has been convicted of an offence under section 138, read with section 142 of the Negotiable Instruments Act, 1881, and has been ordered to pay a penalty of Rs. 24,204 and in default to suffer simple imprisonment for one year. His appeal to the Sessions Judge was also rejected. Hence, the revision petition.

(3.) The facts are, the petitioner and the respondent had business dealings and the petitioner had issued a cheque in a sum of Rs. 12,103 dated September 15, 1990, bearing No. 28929 drawn on Hanumanthanagar Co-operative Bank Ltd., to the respondent. The respondent presented the cheque for encashment but, the same bounced and after due notice, the respondent initiated prosecution by lodging a complaint under section 200 of the Code of Criminal Procedure, 1973. The petitioner appeared and pleaded guilty and on his plea, the learned Magistrate convicted and sentenced him as stated above. In the appeal, the learned Sessions Judge considered the question of legality of the sentence and found that the order of the learned Magistrate suffered from no infirmity and accordingly he dismissed the appeal. In this revision petition, records are secured and counsel on both sides are heard.