ORDER :

This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No.173 of 2003, on the file of Principal Sessions Judge, West Godavari District at Eluru, challenging the judgment, dated 16.03.2005, where under the learned Principal Sessions Judge, dismissed the Criminal Appeal filed by the appellant, confirming the judgment in C.C.No.26 of 2003, on the file of Judicial Magistrate of First Class (Special Mobile Court), West Godavari District at Eluru. The Revision Petitioner faced trial before the learned Judicial Magistrate of First Class, West Godavari District at Eluru for the offence under Section 138 of Negotiable Instruments Act (“N.I. Act” for short) and he was convicted under Section 255 (2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for two months.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The case of the complainant before the Court below, according to the averments in the complaint filed by him alleging the offence under Section 138 of N.I. Act, is that the accused borrowed a sum of Rs.1,00,000/- on 13.01.1999 from the complainant, agreeing to repay the same with interest at Rs.2-50 ps. Per month per hundred with yearly rests. The accused accordingly executed a promissory note in favour of the complainant on the same day. On 13.12.2000 the accused issued a cheque in favour of the complainant, drawn on Canara Bank, Chettinavaripalem, Visakhapatnam for Rs.1,50,000/-, towards part discharge of the amount due under the promissory note. When the cheque was presented through the banker of the complainant in State Bank of India, it was returned by the Canara Bank, Visakhapatnam with an endorsement that payment of cheque was stopped. The payment was stopped, as the accused did not have sufficient funds to honour the cheque. The cheque bearing No.564094, dated 13.12.2000, drawn on Canara Bank, was dishonoured. The complainant issued a notice on 25.02.2001 as per the provisions of Negotiable Instruments Act to the accused. The accused received the same on 28.02.2001. As on the date of complaint, the accused did not make any payment. He did not give any reasons for stopping the payment. Hence, the complaint.

4. The learned Judicial Magistrate of First Class, West Godavari District at Eluru, after conducting necessary enquiry, took the case on file and issued process on the accused. After appearance of the accused and after complying the provisions of Section 207 of Cr.P.C., the accused was examined under Section 251 of Cr.P.C., for which the accused denied the allegations, pleaded not guilty and claimed to be tried.

5. During the course of trial, on behalf of the complainant before the Court below, P.W.1 and P.W.2 were examined and Ex.P.1 to P.5 were marked. After closure of the evidence of the complainant, the accused was examined under Section 313 of Cr.P.C. with regard to the incriminating circumstances in the evidence of the complainant witnesses, for which he denied the same, but, the accused did not let in any defence witnesses.

6. The learned Judicial Magistrate of First Class, West Godavari District at Eluru, on hearing both sides and on considering the oral as well as documentary evidence, found the accused guilty of the offence under Section 138 of N.I. Act and accordingly, convicted and sentenced him as above. Aggrieved by the said judgment, the unsuccessful accused in the above said C.C.No.26 of 2003, filed the Criminal Appeal No.173 of 2003 before the learned Principal Sessions Judge, West Godavari District at Eluru, which came to be dismissed on merits. Aggrieved by the said judgment in Criminal Appeal No.173 of 2003, the unsuccessful appellant filed the present Criminal Revision Case. 7) Now, in deciding this Criminal Revision ca