GUNDEPANENI NAGABUSHANAM Vs. T ESWAR RAO

JUDGEMENT

(1.) This revision is filed against the judgment dated 4-1-2001 in Crl.A.No.67 of 2000 on the file of 1st Additional Metropolitan Sessions Judge, Visakhapatnam confirming the conviction and sentence imposed against the accused under Section 138 of the Negotiable Instruments Act (for short 'the Act') in C.C. No.193 of 1998 on the file of V Metropolitan Magistrate, Visakhapatnam.

(2.) The accused issued a cheque Ex.P-2 for Rs.1,29,500/-. The complainant presented the cheque Ex.P-2 in the bank for collection. The cheque was dishonored on the ground of "no funds". Thereafter, after issuing notice to the accused and on his failure to pay the amount within the stipulated time the complainant prosecuted the accused in C.C. No.193 of 1998 for the offence punishable under Section 138 of the Act. The prosecution examined P.Ws.l to 3 and marked Exs.P-1 to P-12. The father of the accused was examined as D.W.I. No documentary evidence was adduced on behalf of the accused. On a consideration of oral and documentary evidence on record, the learned Magistrate by his judgment dated 19-6-2000 found the accused guilty, convicted and sentenced him to undergo simple imprisonment for six months and also to pay a fine of Rs.5,000.00 for the offence punishable under Section 138 of the Act. The accused preferred an appeal before I Additional Sessions Judge, Visakhapatnam. The learned Sessions Judge concurred with the findings of the Magistrate and dismissed the appeal. Aggrieved thereby the accused preferred the present revision petition.

(3.) According to the averments in the complaint, at the instance of the accused and his father D.W.I, the complainant carried out certain earth work etc. in the lands belonging to the accused and his father, during the period from 31-5-1997 to 20-6-1997 , they became liable to pay to the complainant a total sum of Rs.1,39,500.00, after commencement of the work a cheque was issued for Rs.50,000.00 on 13-6-1997, the said cheque bounced and thereafter the accused paid a sum of Rs.10,000.00 and after deducting the said amount the accused and his father became liable to pay a sum of Rs.1,29,500/-. It is to be stated that the alleged cheque dated 13-6-1997 for Rs.50,000/- is not the subject matter of the present prosecution. According to the complainant, the accused issued a cheque Ex.P-2 dated 31-1-1998 for Rs.1,29,500.00 and as it bounced on presentation in Bank, the accused is liable for punishment under Section 138 of the Act.