COL. V.G.G. RAO Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed against the conviction and sentence imposed by the learned IV Additional District & Sessions Judge, Fast Track Court, Ranga Reddy District, vide judgment, dtd. 29/2/2008 in Criminal Appeal No.66 of 2005 confirming the judgment of the learned X Metropolitan Magistrate, Cyberabad, Ranga Reddy District, Hyderabad in C.C.No.2244 of 2005, dtd. 10/11/2005, wherein the revision petitioner/accused was convicted for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act, 1881') and sentenced to undergo rigorous imprisonment for six months and to pay compensation of Rs.75,000.00 to the complainant.

(2.) Heard Mr. V.S.M.Pritham Kanumuri, learned Legal Aid Counsel for the revision petitioner/accused and learned Additional Public Prosecutor appearing for respondent No.1-State.

(3.) Learned counsel for the revision petitioner has contended that the complainant/respondent No.2 has lent an amount of Rs.75,000.00 to the revision petitioner/accused on 18/7/2002 in the presence of a mediator i.e., DW2 for which the revision petitioner has executed a receipt on Rs.10.00 non-judicial stamp paper and the revision petitioner has issued two post dated cheques bearing No.284795, dtd. 3/8/2002 and No.284796, dtd. 15/8/2002, for an amount of Rs.60,000.00 and Rs.15,000.00 respectively. The complainant presented the said cheques to his Banker on 5/10/2002 and the same were dishonoured due to insufficient funds. Owing to dishonour of the said cheques, a statutory notice dtd. 21/10/2002 under Sec. 138 (b) of the N.I. Act, 1881 was sent by the complainant to the accused and having received the notice, the accused did not make any arrangement for honour of the cheques. The complainant has approached the trial Court and the trial Court vide judgment, dtd. 10/11/2005, in C.C.No.2244 of 2005, has convicted the accused for the offence under Sec. 138 of the N.I. Act, 1881 and imposed the punishment of rigorous imprisonment for six months and to pay compensation of Rs.75,000.00 to the complainant. Aggrieved by the same, the accused preferred Criminal Appeal No.66 of 2005 and the Appellate Court vide judgment, dtd. 29/2/2008, has dismissed the appeal. Hence, the Criminal Revision Case.