THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.229 OF 2007
ORDER :
1. This Criminal Revision Case is filed by the petitioner against the judgment dated 02.02.2007 in Crl.A.No.242 of 2006 passed by the learned III Additional Metropolitan Sessions Judge, Hyderabad.
2. Heard learned counsel for the respective parties and perused the record.
3. The petitioner is questioning the correctness of the concurrent findings of guilt for the offence under Section 138 of N.I.Act. The case of the 2nd respondent/complainant is that hand loan was given for an amount of Rs.2,00,000/- on 09.05.2002 and thereafter cheque in question was issued and also promissory note was executed.
4. The trial Court having examined witnesses and also marking Exhibits found that cheque was issued towards legally enforceable debt and accordingly sentenced the petitioner for one year and to pay compensation of Rs.2,00,000/-. In Crl.A.No.242 of 2006 filed 2 KS,J Crlrc.No.229 of 2007 against the conviction in C.C.No.95 of 2003, the III Additional Metropolitan Sessions Judge, Hyderabad, concurred with findings of the learned III Additional Metropolitan Magistrate at Hyderabad. Both the Courts did not find favour with the defence of the petitioner that blank cheques and pro-notes were misused by the petitioner. In the event of admitting the signatures on the cheque, the burden shifts on to the accused to prove his defence and discharge his burden. I find no infirmity in the findings of learned III Additional Metropolitan Magistrate, Hyderabd, in C.C.No.95 of 2003 and also the findings of the learned III Additional Metropolitan Sessions Judge, Hyderabad, in Crl.A.No.242 of 2006.
5. However, the transactions are of the year 2002 and 20 years are lapsed. None appears for the 2nd respondent. Learned counsel for the petitioner pleads to set aside the sentence of imprisonment since the petitioner by now would be aged more than 70 years.
6. In the peculiar facts of the present case and keeping in view, the age of the petitioner, this Court deems it appropriate to set aside the sentence of imprisonment of one (01) year. However, the compensation amount is increased to Rs.4,00,000/-. In the event 3 KS,J Crlrc.No.229 of 2007 of the petitioner failing to pay the said compensation within a period of three (03) months from the date of direction from Magistrate Court or receipt of this order, the petitioner shall undergo imprisonment for a period of three (03) months. The concerned learned Magistrate is directed to cause appearance of the petitioner and accordingly follow the directions of this Court in ensuring payment of compensation to the 2nd respondent failing which send the petitioner to prison in accordance with the directions.
7. Accordingly, the Criminal Revision Case is Partly Allowed.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________
K.SURENDER, J
04.01.2023
Gms
4 KS,J
Crlrc.No.229 of 2007
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.229 OF 2007 Date: 04.01.2023 Gms