G. SATISH BABU Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal revision case is directed against the judgment of the learned Special Judge for the Trial of Offences Under S.Cs & S.Ts (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, in Crl.A.No.243 of 2004 dated 22.07.2005, confirming the conviction and sentence of simple imprisonment for a period of three months and a fine of Rs.5,000/- for the offence punishable under Section 138 of the Negotiable Instruments Act, imposed against the revision petitioner/accused by the learned X Metropolitan Magistrate, Secunderabad, in C.C.No.28 of 2002 dated 26.07.2004.

(2.) Brief facts of the case are that the revision petitioner/accused issued two cheques, one for Rs.2,70,000/- on 17.10.2001 and another for Rs.2,00,000/- on 18.10.2001 in lieu of the debt payable by him to the 1st respondent/complainant and when the said cheques were presented for realization, the same were bounced with an endorsement 'insufficiency of funds in the account of the revision petitioner/accused'. Thereafter, after following the procedure provided for under Sections 138 and 142 of the Negotiable Instruments Act, the 1st respondent/complainant filed the complaint and the same was taken on file by the trial Court.

(3.) During the course of trial, on behalf of the 1st respondent/complainant, P.W.1 was examined and Exs.P1 to P16 were marked to prove the guilt of the accused. On a perusal of the entire evidence, both oral and documentary, the trial Court found the revision petitioner/accused guilty of the offence punishable under Section 138 of the N.I. Act and accordingly convicted and sentenced him as stated supra.