THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1240 OF 2003 ORDER: 1 Petitioner herein filed a private complaint against the first respondent herein for the offence punishable under 138 of N.I. Act before the court of XVIII Metropolitan Magistrate, Hyderabad and the learned Magistrate having analysed the entire evidence available on record found the first respondent guilty of the said offence and accordingly convicted and sentenced him to suffer rigorous imprisonment for six months and also to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a period of one month. Aggrieved thereby the first respondent preferred Criminal Appeal No.41 of 2003 before the learned IV Additional Metropolitan Sessions Judge, Hyderabad and the learned Sessions Judge having reappreciated the entire evidence, reversed the said finding of the trial court and accordingly acquitted the first respondent of the said offence. Questioning the said judgment passed by the appellate court in acquitting the first respondent, the de facto complainant filed the present revision. 2 In the considered view of this court, the present revision filed under Sections 397 and 401 of Cr.P.C. is not maintainable for the reason that as against the order of acquittal, the petitioner, instead of preferring a revision, should have preferred an appeal as provided under section 378(4) of Cr.P.C. Here, in this case the learned Sessions Judge by reversing the judgment of the trial court, acquitted the second respondent as against which an appeal lies but not a revision. 3. Hence the present Criminal Revision Case is dismissed. --------------- Kvsn 15.07.2010