Andhra Pradesh High Court - Amravati
Kakollu Yesupadam, vs Dasari Mary Vijayalakshmi And ... on 1 October, 2021
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Criminal Revision Case No.1459 of 2007
JUDGMENT:
This criminal revision case is filed by the de-facto complainant
questioning the adequacy of the sentence of fine of Rs.5000/- imposed
by the learned I Additional Chief Metropolitan Magistrate , Vijayawada
while convicting the accused for the offence under Section 138 of the
Negotiable Instruments Act (for short 'the Act') in CC No.414 of 2005.
Learned counsel for the revision petitioner would contend that
the learned Magistrate having believed the evidence of PW.1 and Exs.P.1
to P.7 erred in imposing only fine amount and that the learned
Magistrate should have at least imposed the fine of double the cheque
amount.
The case of the de-facto complainant is that the on 29.06.2003,
the accused, who is the first respondent herein, borrowed a sum of
Rs.35,000/- for her family expenses agreeing to repay the same with
interest at 24% p.a. and executed a pronote as a collateral security and
that she issued a cheque on 19.10.2004 for Rs.40,000/- drawn on State
Bank of Travancore towards part payment of the amount due under the
pronote; when the complainant presented the same for collection on
28.03.2005, the same was dishonoured with an endorsement 'insufficient
funds' vide memo dated 28.04.2005; on 27.04.2005 the complainant
issued a statutory notice to the accused, which was acknowledged by
her on 28.04.2005, but failed to respond. Hence, he filed the complaint.
On considering the evidence of PW.1, Exs.P.1 to P.7 and taking
the mercy pleaded by the accused, the learned Magistrate convicted the
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Crl.R.C.No.1459 of 2007
accused and sentenced to pay a fine of Rs.5000/- in default to undergo
simple imprisonment for a period of three months.
Questioning the adequacy of the sentence of imposing of fine only
by the learned Magistrate on the accused, the de-facto complainant
preferred the present revision.
The first respondent-accused faced prosecution for the offence
under Section 138 of the Act and was convicted for the said offence.
According to the evidence of DW.1-accused, she stood as a guarantor to
one Pushpavathi, who is a close associate of complainant's wife and in
that connection she handed over a blank cheque. As the accused
admitted her signature on both pronote and cheque, which were marked
as Exs.P.1 and P.2, the learned Magistrate found the accused guilty of
the offence under Section 138 of the Act and imposed fine of Rs.5,000/-
on the accused.
As the accused is a government employee and if she is sentenced
to undergo imprisonment, she may lose her job, the learned Magistrate
has taken a lenient view by imposing fine on the accused.
The scope of interference in a revision petition is extremely narrow. It is
well settled that Section 397 Cr.P.C. gives the High Courts or the
Sessions Courts jurisdiction to consider the correctness, legality or
propriety of any finding inter se an order and as to the regularity of the
proceedings of any inferior Court. It is also well settled that while
considering the legality, propriety or correctness of a finding or a
conclusion, normally the revising Court does not dwell at length upon
the facts and evidence of the case. Revisional jurisdiction can be
invoked where the decision under challenge is grossly erroneous, there is
no compliance with the provision of law, findings recorded are based on
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Crl.R.C.No.1459 of 2007
no evidence or material evidence is ignored or judicial discretion is
exercised arbitrarily or perversely. These are not exhaustive clauses but
merely indicating and each case would depend on its own merit.
In the facts and circumstances of the case, I see no grounds to
revise the order of the trial Court and accordingly, the criminal revision
case is dismissed.
Consequently, miscellaneous petitions, if any pending, in this
revision case, shall stand closed.
_______________________
KONGARA VIJAYA LAKSHMI, J
Date: 01.10.2021
BSS
KVL, J
Crl.R.C.No.1459 of 2007
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Crl.R.C. No.1459 of 2007
Date: 01.10.2021
BSS
