BUDAGALA NAGESWARA RAO Vs. TADEPALLI RAMA DEVI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Pursuant to the order dated 05.06.2018, the notice taken out on the first respondent is served on 19.06.2018 and the same is evident from the track consignment report, which is placed on record vide memo dated 16.08.2018. However, the first respondent has not chosen to appear either in person or by engaging any counsel.

(2.) The present Criminal Revision Case is filed questioning the judgment passed in Crl.A.No.243 of 2001 dated 23.02.2005 on the file of the VII Additional Sessions Judge, Guntur to the extent of setting aside the sentence of imprisonment imposed on the accused-first respondent herein for a period of six months pursuant to confirming the conviction for the offence under Section 138 of Negotiable Instruments Act.

(3.) The facts in brief are that the petitioner herein filed C.C.No.173 of 1999 against the first respondent for the offence under Section 138 of Negotiable Instruments Act, on the file of the V Additional Munsif Magistrate, Guntur. After trial, the learned Magistrate vide judgment dated 06.04.2001 convicted the first respondent for the said offence and sentenced her to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of 20 days. It is also mentioned that out the fine amount, a sum of Rs.4,000/- shall be paid to the petitioner-complainant towards compensation. Aggrieved by the said judgment, the first respondent herein filed Crl.A.No.243 of 2001 on the file of VII Additional Sessions Judge, Guntur. After hearing, the learned Sessions Judge, by judgment dated 23.02.2005 was pleased to allow the appeal in part confirming the conviction passed against the first respondent, but set aside the sentence of imprisonment while maintaining the sentence of fine of Rs.5,000/-. Aggrieved by the said judgment, the present Criminal Revision Case is filed.