SARDAR HARVINDER SINGH Vs. CHABROLU HUTASANA RAO

JUDGEMENT

(1.) THIS is a criminal revision case under sections 397 and 401 of the Code of Criminal Procedure, 1973 (the CrPC for short) by the petitioner/ complainant assailing the inadequacy of sentence imposed on the 1st respondent/sole accused by the Judicial Magistrate of First Class of Special Mobile Court holding Full Additional Charge of the Court of the Special Judicial First Class Magistrate for Excise, Guntur in C.C.No.166 of 2006 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(2.) THE facts relevant, in brief, are as follows: - The complainant/petitioner had filed a private complaint against the accused for the offence punishable under Section 138 read with section 142 of the Negotiable Instruments Act, (the Act for brevity). The accused had contested the said case. During the course of trial, the complainant and his supporting witness were examined as PWs.1 and 2 and the accused was examined as DW1. Exhibits P1 to P6 and D1 and D2 were exhibited. On merits, the trial court had found the accused guilty of the aforementioned offence and had convicted him under Section 255 (2) of the CrPC. However, after hearing the accused on the measure of sentence, the trial court had sentenced the accused to pay a fine of Rs.10,000/ - and to suffer simple imprisonment for three months in default of payment of the said fine amount.

(3.) HAVING been aggrieved of the quantum of sentence imposed against the accused, the complainant had preferred this revision case contending inter alia that the imposition of fine alone as sentence that too in a sum of Rs.10,000/ - is grossly inadequate and is not commensurate to the gravity of the offence which was established against the accused.