( 1 ) THIS revision case is filed against the judgment of the learned i Additional Sessions Judge, Ongole in crl. A. No. 198 of 2002, in which the learned judge confirmed the conviction of the present petitioners, imposed by the learned iii Additional Judicial Magistrate of First class, Ongole in C. C. No. 76 of 2001 for an offence under Section 138 of the negotiable Instruments Act. The learned magistrate convicted A-1 company and A-2 and A-3, its partners, for the offence under section 138 of the Negotiable Instruments act and sentenced A-2 and A-3 to simple imprisonment for six months each and directed to pay compensation of Rs. 5. 00 lakhs (Rs. Five lakhs) each, in default to undergo simple imprisonment for three months each. The learned Magistrate also sentenced A-1 to pay fine of Rs. 500-00 in default to undergo simple imprisonment for three months.

( 2 ) THE case arose out of a private complaint filed by the complainant, the present second respondent, under Section 138 of the Negotiable Instruments Act. The allegation is that the complainant is a partner of A-1 firm which does tobacco business. A-1 to A-3 had regular business dealings with the complainant since 8 - 9 years.

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