M/S. Laxmi Ganapathi Paper Mills Pvt. Ltd., v. M/S. Suresh Packages A Partnership Firm Sailpet

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Criminal Revision Case No.1626 of 2004 ORDER:

Heard Sri B. Srimannarayana, learned Counsel, for Sri M. Ravindranath Reddy, learned counsel for the petitioner/ complainant.

2.

Learned counsel for the petitioner would submit that in regard to three cheques issued by the respondents 1 and 2/accused Nos.1 and 2 in favour of the revision petitioner/complainant, this Court in two other Criminal Revision Cases, where the present Revision Petitioner on similar lines as are occurring in the present case, dismissed then. The learned counsel also places a copy of the order passed by this Court in Criminal Revision Case No.1624 of 2004, dated 18.07.2016.

3.

The present Criminal Revision Case is filed aggrieved over the inadequate sentence and fine imposed without inflicting sentence of imprisonment and that has been the grievance of the revision petitioner, as per the learned counsel for the petitioner. 4.

The order shows that in similar circumstances the sentence imposed cannot be construed as minimum/lesser punishment in view of the provisions of Negotiable Instruments Act, 1881, as the Act says that the fine amount 'may' extend to twice the amount of the cheque and it is always the discretion of the Court and trial Court

taking into consideration all the aspects imposed fine. In such an event, the present Criminal Revision Case is also dismissed. As a sequel thereto, miscellaneous petitions, if any, pending in the Criminal Revision Case shall stand closed. ________________________ A. SHANKAR NARAYANA Dt.08.11.2017 gbs