K.Shankar Vs State of a.P., rep by Public Prosecutor

THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA

CRIMINAL REVISION CASE No.730 of 2004 JUDGMENT:

The petitioner herein who is the complainant filed this Criminal Revision Case questioning the judgment, dated 22.12.2003, passed by the X Metropolitan Magistrate, Secunderabad, in C.C.No.1403 of 2001, stating that the sentence imposed by the Court below on respondents 3 and 4 herein to pay a fine of Rs.1,000/each for the offence punishable under Section138 of the Negotiable Instruments Act, in default to suffer simple imprisonment for fifteen days, is inadequate.

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There were money transactions between the complainant and the respondents-accused and in that connection, as the cheques issued by the accused were dishonoured, the petitioner after issuance of the notice on the accused and after the statutory period is over, filed a private complaint against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. The Court below after analysing the entire evidence on record held respondents 3 and 4 herein-accused guilty of the said offence and accordingly, sentenced them, as stated supra.

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It is represented by the learned counsel for the petitioner that the complainant while filing the said private complaint also instituted a suit for recovery of money due under the said cheques and according to the learned counsel for the petitioner, the suit was already decreed.

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Having regard to the fact that the suit which was

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instituted by the petitioner-complainant as regards the cheques in the present case has already been decreed, this Court is of the opinion that the lenient view taken by the Court below in exercise of its discretionary jurisdiction cannot be said to be arbitrary.

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Accordingly, the Criminal Revision Case is dismissed.

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___________________________________ JUSTICE GOPALA KRISHNA TAMADA

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17^th February 2011 DR

K.Shankar v. State of a.P., rep by Public Prosecutor

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K.Shankar v. State of a.P., rep by Public Prosecutor

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