MATTA RAMBABU Vs. STATE OF A P

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 4.2.2004 passed in Criminal Appeal No.102 of 2002 on the file of V Additional District and Sessions Judge, Fast Track Court, West Godavari at Eluru, whereby and whereunder, the learned Sessions Judge while confirming the conviction of the accused Matta Rambabu for the offence under Section 138 of the Negotiable Instruments Act passed in C.C.No.142 of 2001 on the file of the II Additional Judicial First Class Magistrate, at Eluru reduced the sentence of imprisonment from one year to six months and imposed a fine of Rs.1,000/- in addition to sentence of imprisonment.

(2.) BRIEF facts of the case, in a nutshell, are:- The 2nd respondent is the complainant and the petitioner is accused in C.C.No.142 of 2001. The complainant presented a complaint before II Additional Judicial First Class Magistrate, Eluru for the offences under Sections 138 and 142 of N.I. Act alleging inter alia that the accused borrowed an amount of Rs.60,000/- from him on 01.4.2000 for the purpose of his family necessities and executed a promissory note agreeing to repay the same with interest at Rs.2/- per hundred per month. On demand, the accused gave a cheque dated 6.12.2000 for Rs.52,000/- towards part satisfaction of the amount under the promissory note. He presented the cheque drawn on State Bank of India, Vijayarai through his banker-Bank of Baroda, Eluru. The cheque came to be returned on 22.12.2000 with an endorsement "insufficient funds". Thereafter, the complainant issued a statutory notice to the accused on 04.01.2001 demanding the accused to make good the amount covered under the cheque. The accused received the notice on 10.1.2001 and issued a reply notice dated 20.01.2001. Hence, the complainant presented a complaint before the II Additional Judicial First Class Magistrate, Eluru.

(3.) ON behalf of the accused, he marked memo issued by State Bank of India, Vijayarai as Ex.D-1. The learned Magistrate, on considering the evidence brought on record and on hearing the counsel appearing for the complainant and the accused, came to the conclusion that the accused issued Ex.P-2 cheque to discharge legally enforceable liability and therefore, he is liable for punishment consequent on dishonour of the same for the offence under Section 138 of N.I.Act and accordingly, convicted him and sentenced him to suffer R.I for one year, by judgment dated 25.7.2002.