P.ANJALI BAI Vs. RAGHAVA REDDY

JUDGEMENT

(1.) The present criminal revision case is filed aggrieved by the judgment dtd. 3/10/2008 passed in C.C.No.418 of 2004 on the file of the learned Judicial Magistrate of First Class, Ranga Reddy District at Tandur and as confirmed by the Judgment dtd. 13/7/2012 passed in Criminal Appeal No.32 of 2008 on the file of the learned VI Additional Sessions Judge, Ranga Reddy District at Vikarabad.

(2.) Factual matrix of the case are that the revision petitioner had borrowed a sum of Rs.6,00,000.00 from the first respondent on 2/4/2004 for his immediate needs. He had issued Ex.P1 cheque in favour of the first respondent in discharge of the debt. The cheque on presentation for collection got dishonored by Ex.P2 memo, due to 'funds insufficient in the revision petitioner's bank account. Although the first respondent had issued Ex.P3-notice, which was served on the revision petitioner as evidenced by Ex.P5 acknowledgment, the revision petitioner failed to pay the demanded amount and only issued the formal reply. Hence, the revision petitioner committed the offence under Sec.138 of the N.I Act. The first respondent had filed the complaint before the Trial Court, which was taken cognizance of by the learned Magistrate.

(3.) On completion of the statutory procedural formalities contemplated under the Code of Criminal Procedure (in short, Cr.P.C.), the complaint was posted for trial. The first respondent was examined as PW1 and Exs.P1 to P6 were marked through him. The revision petitioner got himself examined as D.W.1 and got marked Exs.R1 to R3. The trial Court, after analyzing the evidence and materials on record, convicted the revision petitioner for an offence under Sec. 138 of the N.I. Act and ordered him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.5,000.00, in default to undergo simple imprisonment for a period of one month. Aggrieved by the said judgment, the revision petitioner filed Criminal Appeal No.32 of 2008 before the Appellate Court. The Appellate Court, after reappreciating the materials on record, by the impugned judgment confirmed the conviction and sentence imposed by the trial Court. Aggrieved by the concurrent judgments passed by the Courts below, the revision petition is filed.