ODURUKOTA PURNA CHANDER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed seeking to set aside the Judgment dtd. 31/7/2025 passed in C.C. N.I. No.05 of 2025 (STC N.I. No.02 of 2021) on the file of the learned Judicial Magistrate of First Class, Bellampalli, insofar as it imposes a sentence of one year's imprisonment in default of payment of the fine amount, the same being contrary to Sec. 24(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) The brief facts of the case are that the petitioner herein was found guilty for the offence punishable under Sec. 138 of the NI Act and was convicted under Sec. 255(2) of the Cr.P.C and was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.20,00,000.00, payable as compensation to the complainant. The trial Court further directed that, in default of payment of the fine amount, the petitioner shall undergo simple imprisonment for a further period of one year, which is beyond 1/4th of the substantive sentence. The said default sentence is therefore illegal and liable to be set aside. Aggrieved thereby, the petitioner has preferred the present Criminal Revision Case.

(3.) Heard Sri Baglekar Akash Kumar, learned counsel for revision petitioner, Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of respondent No.1 and Sri Ravinder Alkuchi, learned counsel appearing on behalf of respondent No.2.