Telangana High Court
G.Prakash vs State Of A.P.,Rep.By Its P.P., on 13 December, 2022
Bench: K.Surender
1
THE HONOURABLE SRI JUSTICE K.SURENDER
Criminal Revision Case No.526 of 2004
JUDGMENT:
1. Questioning the correctness of the conviction recorded
by both the Courts below i.e., judgment in CC No.309 of 2002
dated 10.09.2003 passed by the Judicial Magistrate of First
Class, Shadnagar, which was confirmed by the judgment in
Criminal Appeal No.124 of 2003, dated 29.01.2004 passed by
the Additional Sessions Judge, Mahabubnagar, the present
Revision is filed by the petitioner.
2. Briefly, the facts of the case are that complainant
represented by father had entered into an agreement titled as
"Assignment of Benefit of Creditor" marked as Ex.P1, under
which two cheques Exs.P2 and P3 were issued. The said
cheques were issued towards the outstanding and according
to agreement, if the amount was paid in cash, the said
cheques would be returned. The said agreement was dated
10.03.2002 and the said cheques are dated 10.06.2002 and
10.07.2002 for Rs.1,70,000/- and Rs.1,36,000/- respectively.
When the said cheques were presented for clearance, they
were returned unpaid for the reason of 'payment stopped by
the drawer'. Aggrieved by the non-payment of the amount
covered by the cheques, complaint was filed.
3. Learned Magistrate by judgment dated 10.09.2003 in
CC No.309 of 2002, found the petitioner guilty for the offence
under Section 138 of the Negotiable Instruments Act and
sentenced to undergo simple imprisonment for a period of one
year and further an amount of Rs.3,06,000/- was directed to
be paid with simple interest at the rate of 6% per annum
under Section 357 of Cr.P.C.
4. The said conviction was questioned before the learned
Sessions Court in Criminal Appeal No.124 of 2003. The
learned Sessions Judge confirmed the judgment of the
learned Magistrate vide judgment dated 29.01.2004.
5. As seen from the proceeding sheet, learned counsel
failed to appear, for which reason, this Court directed to
appoint legal aid counsel. The legal aid counsel argued that
the prosecution itself is bad in law for the reason of
instituting complaint in the name of a minor, as such there
can be no evidentiary value. The said beneficiary was not
examined and the father was only examined. Examining GPA
holder without the principal being examined, the prosecution
is bad.
As seen from the findings of the learned Magistrate, the
Magistrate has appreciated the agreement in between the
complainant and the accused and also found that there was a
legally enforceable debt. Thereafter found that there was valid
service of notice. For the said reasons, the conviction was
recorded by the learned Magistrate.
6. On appeal, learned Sessions Judge concluded that the
findings of the learned Magistrate cannot be interfered with as
they are based on record.
7. This court under revision cannot embark upon re-
appreciating evidence. The findings of the courts below
cannot be found fault with for the reason of there being
sufficient documentary evidence, which was based on record
to substantiate that there is an outstanding which had to be
paid by the petitioner. However, the case is of the year 2002
and the legal aid counsel submits that in spite of her best
attempts, she could not contact the petitioner/accused. There
is no reason to keep the case pending.
8. In the said circumstances, this Court deems fit
appropriate to direct the petitioner/accused to pay
consolidated amount of Rs.6,00,000/- to the complainant
within a period of three months from the date of receipt of a
copy of this order in the Magistrate Court. The learned
Magistrate shall cause appearance of the petitioner and direct
him to pay the amount of Rs.6.00 lakhs within a period of
three months, failing which, petitioner shall undergo simple
imprisonment for a period of six months.
9. With the aforesaid modification in sentence and finding
of compensation, this Criminal Revision Case is ordered.
_________________
K.SURENDER, J
Date: 13.12.2022
kvs
THE HON'BLE SRI JUSTICE K.SURENDER
Criminal Revision Case No.526 of 2004
Date 13.12.2022
kvs
