ORDER :

The Revision has been preferred under Sections 397 & 401 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.,’) against the judgment in Criminal Appeal No.128 of 2006, dated 26.12.2008 passed by the learned Sessions Judge, Vizianagaram, confirming the judgment passed by the learned Special Judicial Magistrate of First Class (Excise), Vizianagaram in C.C.No.247 of 2005 dated 07.09.2006 for the offence under Section 138 of Negotiable Instruments Act, 1872 (for brevity ‘the N.I.Act’) sentencing the revisionist to undergo Rigorous Imprisonment for a period of three months and to pay a fine of Rs.300/-, in default, Simple Imprisonment for a period of one month.

2. I have heard the arguments of learned counsel for the revisionist, learned counsel for the second respondent and the learned Assistant Public Prosecutor appearing for respondent No.1.

3. Mr. G.V.S. Mehar Kumar, learned counsel for the petitioner/revisionist while reiterating the grounds of the revision, submitted that when the alleged cheque amount was only Rs.1,860/- awarding three months Rigorous Imprisonment was too harsh and unjust to the facts of the case and it was highly excessive to the gravity of the