Telangana High Court
Kanukuntla Satish Kumar vs The State Of Ap, And Another on 13 March, 2024
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.2443 of 2012
ORDER:
The present criminal revision case is filed seeking to call
for the records and set aside the order of the learned IV
Additional Sessions (FTC) Judge, Warangal in Crl.A.No.41 of
2012, dated 07.11.2012 confirming the order of the learned
Special Judicial Magistrate of First Class, for PCR Cases at
Warangal in C.C.No.504 of 2010, dated 14.03.2012
2. There was no representation on behalf of the petitioner
on 06.03.2024. Even today there is no representation on behalf
of the petitioner/accused. Therefore, this Court is inclined to
proceed with the matter on merits of the case as per the
decision of the Hon'ble Apex Court in "Bani Singh and others
Vs. State of Uttar Pradesh 1", wherein it was categorically held
that the High Court cannot dismiss any appeal for non-
prosecution simpliciter without examining the merits.
(1996) 4 Supreme Court Cases 720
3. The case of the prosecution is that the respondent
extended a hand loan of Rs.2,00,000/- to the appellant on
10.04.2009 out of the acquaintance in between them and the
appellant executed a promissory note evidencing the hand
loan and he promised to repay that amount along with interest
@24% per annum and on the demand of respondent. The
impugned cheque was drawn by appellant in favour of
respondent towards repayment of the borrowed hand loan
amount and that cheque upon presentation by respondent
with his banker dishonoured for the reason "Insufficient
Funds" in the account of appellant. Then the respondent
caused a statutory notice as contemplated under Section 138(a)
and (b) of N.I Act calling the appellant to clear the
dishonoured cheque amount and alleged that the appellant
wantonly refused to receive that notice and also that he failed
to repay the dishonoured cheque amount and thereby he made
himself liable for the prosecution of the offence of Section 138
N.I Act and the respondent having no other go took up the
prosecution of appellant for that offence.
4. In support of its case, the prosecution examined PW.1
and got marked Exs.P1 to P8.
5. After appreciating the oral and documentary evidence
on record, the learned Magistrate found the accused guilty of
the offence punishable under Section 138 NI Act and sentenced
him to undergo Simple Imprisonment for a period of six (06)
months and to pay a fine of Rs.5,000/-, in default, to suffer
simple imprisonment for a period of one month. Aggrieved by
the same, the accused preferred Crl.A.No.41 of 2012 before the
Court of the learned IV Additional Sessions (FTC) Judge,
Warangal. By its judgment dated 07.11.2012, the appellate
Court confirmed the conviction and the sentence imposed by
the trial Court. Challenging the same the present revision is
filed.
6. Heard the learned Assistant Public Prosecutor for the
respondent-State and perused the record.
7. There is concurrent findings of both the Courts below
with regard to the guilt of the revision petitioner/accused and
the learned counsel for the revision petitioner/accused has
also not shown me anything, which would discredit the
evidence. Therefore, no interference is warranted as far as
conviction is concerned, but with regard to the sentence, it
may be mentioned that the offence took place in the year 2009
and almost 15 years have passed and during this period the
revision petitioner/accused must have repented for what he
did. In these circumstances and in the interest of justice, it is
expedient to reduce the sentence of imprisonment to the
period already undergone by the revision petitioner/accused,
while maintaining the fine imposed by the trial Court against
him.
8. The Criminal Revision Case is dismissed confirming the
conviction imposed by the trial Court, which was confirmed
by the appellate Court. However, the sentence of simple
imprisonment for a period of six months for the offence under
Section 138 of NI Act is reduced to the period already
undergone by the revision petitioner/accused.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________
JUSTICE E.V.VENUGOPAL
Dated: 13.03.2024
mmr/gvl
