SURESH AGRAWAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal revision case is filed against the judgment dated 1.7.2004 passed by the II Additional Sessions Judge, (Fast Track Court), Adilabad in Crl. A No.39 of 2002 confirming the judgment dated 17.5.2002 passed by the Special Judicial Magistrate of First Class, Excise, Adilabad in CC No.40 of 2000.

(2.) THE petitioner was tried for the offence under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate of First Class, Adilabad on a complaint filed by the second respondent and was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs.5,000/-.

(3.) IN the course of the trial before the learned Magistrate, the complainant in order to prove the case against the revision petitioner examined himself as PW1 besides examining two more witnesses as PWs.2 and 3 and marked Exs.Pl to P6. The accused himself was examined as DW1 besides examining one Ravindrakumar Agarwal as DW2. The learned Magistrate basing on the said evidence convicted the revision petitioner for the offence under Section 138 of the Negotiable INstruments Act, which was confirmed in appeal by the II Additional Sessions Judge, (Fast Tract Court), Adilabad.