APHC010077842020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 180/2020 Between: 1. KADALI VENKATA SATYANARAYANA MURTHY,, SIO. PALLAMSETTI, AGED ABOUT 35 YEARS, R/O. D. NO.5-94, LANKALA GANNAVARAM, P. GANNAVARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI, GUNTUR DISTRICT. 2. M/S SHRIRAM CITY UNION FINANCE LIMITED, AMALAPURAM REP.BY ITS AUTHORIZEDPERSON, SRI V. SIVA PRASAD, S/O. NAGESWARA RAO, HINDU, AGED ABOUT 33 YEARS, R/O. MUMMIDIVARAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. O UDAYA KUMAR 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The Criminal Revision Case has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’), questioning the judgment dated 18.02.2020 passed in Crl.A.No.287 of 2017 on the file of the learned II Additional Sessions Judge, East Godavari at Amalapuram (for brevity ‘learned Appellate Court’), whereby and whereunder the judgment dated 23.06.2017 passed in C.C.No.3 of 2014 on the file of the learned Additional Judicial Magistrate of First Class, Amalapuram, East Godavari District (for brevity ‘learned Trial Court’), was confirmed. 2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned counsel for respondent No.2. 3. The learned Trial Court sentenced the petitioner to undergo simple imprisonment for six months and to pay a fine of Rs.10,000/- for the offence punishable under Section 138 of Negotiable Instruments Act. 4. Learned counsel for the petitioner submits that fine amount has already been paid by the petitioner before the learned Trial Court. The record of the appeal also reveals the same. 5. As seen from the grounds of revision and also the material on record, there is no miscarriage of justice. There is no material irregularity. Therefore, the conviction of the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, is confirmed. However, with regard to sentence of imprisonment of six months, in view of the fact that the cheque amount is only Rs.9,125/- and the petitioner has already deposited an amount of Rs.10,000/- before the learned Trial Court, the learned Trial Court is 3 directed to disburse an amount of Rs.9,125/- to the respondent No.2. The sentence of imprisonment of six months imposed by the learned Trial Court and confirmed by the learned Appellate Court is hereby set aside. 6. Accordingly, the Criminal Revision Case is disposed of. There shall be no order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.09.2026 BMS