THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.R.C.No.1320 of 2004 ORDER This revision is directed against the judgment, dated 21.04.2004, passed by the learned I Additional Sessions Judge, Nalgonda, in Crl.A.No.85 of 2003, whereby the conviction and sentence imposed against the first respondent-accused in C.C.No.272 of 2002, dated 21.04.2004, was set aside. 2. The case of the prosecution is that the first respondent- accused obtained hand loan of Rs.15,000/-from the petitioner- complainant on 06.01.2000 by executing a promissory note. On demand, the petitioner issued a cheque bearing No.35292, dated 05.06.2002 for a sum of Rs.23,700/-. When the said cheque was presented in the Bank, it was dishonoured on the ground of insufficiency of funds. Though the petitioner issued a legal notice on 25.06.2002 to the first respondent, neither paid the amount nor gave any reply. Hence, he filed a complaint against the accused for the offences under Sections 138 and 142 of Negotiable Instruments Act (for short ‘the Act’) and the same was registered as C.C.No.272 of 2002. 3. During trial, P.Ws.1 to 3 were examined and Exs.P1 to P6 were marked on behalf of the petitioner. DW1 was examined and Exs.D1 and D-1(a) were marked on behalf of the accused. The trial Court after considering the material on record, found the accused guilty of the offence under Section 138 of the Act and convicted and sentenced him to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.3,000/- in default, he shall suffer simple imprisonment for one month. The said judgment was questioned by the accused by filing Crl.A.No.85 of 2003 and the same was allowed setting aside the conviction and sentence. Hence, the petitioner filed the present revision. 4. Heard both sides. 5. Having heard the learned counsel on either side and perused the material on record, this Court is of the view that the revision is not maintainable for the reason that for all purposes it is the judgment of acquittal and when the lower appellate Court passed an order of acquittal, the only remedy that is available to the petitioner is an appeal under Section 378 Cr.P.C., but not a revision under Sections 397 and 401 Cr.P.C. Accordingly, the Civil Revision Petition is dismissed. ___________________________ GOPALA KRISHNA TAMADA, J Date:03.02.2011 sj