PARVEEZ ALAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Revision has been preferred under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.,') against the judgment in Criminal Appeal No.128 of 2006, dtd. 26/12/2008 passed by the learned Sessions Judge, Vizianagaram, confirming the judgment passed by the learned Special Judicial Magistrate of First Class (Excise), Vizianagaram in C.C.No.247 of 2005 dtd. 7/9/2006 for the offence under Sec. 138 of Negotiable Instruments Act, 1872 (for brevity 'the N.I.Act') sentencing the revisionist to undergo Rigorous Imprisonment for a period of three months and to pay a fine of Rs.300.00, in default, Simple Imprisonment for a period of one month.

(2.) I have heard the arguments of learned counsel for the revisionist, learned counsel for the second respondent and the learned Assistant Public Prosecutor appearing for respondent No.1.

(3.) Mr.G.V.S.Mehar Kumar, learned counsel for the petitioner/revisionist while reiterating the grounds of the revision, submitted that when the alleged cheque amount was only Rs.1,860.00 awarding three months Rigorous Imprisonment was too harsh and unjust to the facts of the case and it was highly excessive to the gravity of the amount involved in the alleged cheque; complainant could not prove his version; the Courts below failed to observe the cross-examination of PW1, for a question posed by the counsel for the petitioner about the presentation of the cheque, the 2nd respondent categorically deposed in his cross examination that they presented the cheque for collection of loan amount of Rs.26,000.00 for purchase of T.V. and washing machine and the 2nd respondent did not show any document; and PW1 also deposed in cross examination that the petitioner presented 24 cheques for assurance only; the courts below failed to observe that the 2nd respondent failed to prove that the debt in dispute is a legally enforceable debt as the 2nd respondent is silent in filing the receipts, warrant cards and bills or invoice for the T.V. and washing machine sold to the petitioner.