Depuri Sudhakar, vs Ch.Suguna Mani And Another,
2022 Latest Caselaw 7007 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

       CRIMINAL REVISION CASE No.1361 OF 2008

JUDGMENT:

This revision is filed by the petitioner challenging the

Judgment of the V Additional Sessions Judge (FTC), Khammam

at Kothagudem, in Crl.A.No.144 of 2007, dt.27.08.2008,

confirming the conviction imposed by the I Additional Judicial

Magistrate of I Class, Kothagudem in C.C.No.1137 of 2004

dt.06.08.2007.

2. Briefly, the case of the prosecution is that the 1st

respondent/complainant filed complaint stating that a loan

amount of Rs.1 lakh was taken by the accused to meet family

necessities and subsequently, on demand, he issued a cheque

for Rs.1,40,000/-. The said cheque was dated 21.04.2004 and

when presented for clearance on 22.07.2004, it was returned

unpaid. On 31.07.2004, notice was issued. Since the petitioner

herein failed to make good of the amount covered by the

cheque, complaint was filed.

3. Both the Courts below have considered the evidence of

the witnesses. The main ground urged by the petitioner before

the Court below is that the complainant did not have financial

capacity to lend an amount of Rs.1 lakh and the very claim is

highly improbable.

4. The signature on the cheque is not disputed. Further,

keeping in view that the transactions are of the year 2004 and

the petitioner/accused is aged more than 60 years, this Court

deems it appropriate to reduce the sentence of imprisonment

subject to the petitioner depositing an amount of Rs.2 lakhs

before the I Additional Judicial Magistrate of I Class,

Kothagudem/trial Court, within a period of six weeks from the

date of receipt of a copy of this order. The said amount can be

withdrawn by the 1st respondent/complainant herein. In the

event of failure of the petitioner to deposit the said amount of

Rs.2 lakhs as directed, he shall undergo imprisonment for a

period of three months.

5. Accordingly, the Criminal Revision Case is partly allowed.

Miscellaneous applications pending, if any, shall stand

closed.

__________________ K.SURENDER, J Dt.: 26.12.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No. 1361 OF 2008

Dt. 26.12.2022

tk