SHAIK NABI SAHEB Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C., assailing the Judgment of conviction and sentence imposed by Trial Court in C.C. No. 08 of 2002, dated 29.11.2012, on the file of the Judicial Magistrate of First Class, Special Mobile Court, Ongole, which was confirmed in Criminal Appeal No. 253 of 2002 by the I Additional District & Sessions Judge, Ongole, on 09.06.2005, wherein, the Revision Petitioner was sentenced to undergo Rigorous Imprisonment for a period of one [01] year and to pay fine of Rs.1,000/- in default to suffer Simple Imprisonment for three [03] months.

(2.) In-Spite of service of notice, there is no representation on behalf of Respondent No. 2/Complainant.

(3.) The facts, in issue, show that, the Petitioner herein executed the promissory note [Ex.P6] in favor of the Respondent No.2/Complainant on 30.10.2002 by borrowing a sum of Rs.45,000/-. He issued a cheque for Rs.52,000/- towards full satisfaction of Ex.P6 liability. The said cheque was submitted by the Respondent No.2/Complainant in the bank, but, it was returned dishonoured with endorsement "insufficient funds" vide Ex.P2 and Ex.P3. Ex.P4 notice was received by the Petitioner, but, no reply was given. Hence a complaint came to be filed.