THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.620 of 2002 DATED: 15-07-2010 ORDER: This revision is filed by the petitioner, questioning the judgment of acquittal, dated 30-09-1997, passed in C.C.No.400 of 1992 by the learned Additional Judicial Magistrate of First Class, Hyderabad. 2. The brief facts are that the 2nd respondent-A2, an employee in ECIL factory, in collusion with the respondents 1 and 3 herein-A1 & A3, misappropriated two cheque amounts, one for Rs.11,676/-, which was towards the Provident Fund of late Subbaiah drawn in favour of his wife-Sarojini from the State Bank of India, ECIL branch and another cheque for Rs.87,878/- drawn in the name of M/s International Marketing Services by the State Bank of India, ECIL branch by encashing the cheque in two different banks. The ECIL company prepared a cheque for Rs.11,676/-, dated 04-05-1989, drawn in the name of Sarojini, W/o late Subbaiah and sent the same to her at Bangalore by registered post and the same was returned undelivered but the cheque was got encashed through the Prudential Co-operative Urban Bank Limited, Secunderabad on 21- 01-1989; similarly, another cheque drawn in the name of M/s International Marketing Services for Rs.87,878/- dated 05-01-1990, and sent to the address of International Marketing Services on 06-01-1990 was not delivered for want of correct address and it was returned back to ECIL on 23-01-1990 but the said cheque was also encashed through the A.P.Mahesh Cooperative Urban Bank Limited, Bangalore branch. A2, who was an ECIL employee working in Despatch Section was entrusted with the specific work of despatching the registered letters and also to receive the undelivered registered letters after marking necessary entries in the Registers. The accused No.2, with malafide intention colluded with A3 and removed the undelivered cheque for Rs.87,878/- and through A1 opened a fictitious account in the name of M/s International Marketing Services in the A.P.Mahesh Cooperative Urban bank branch at Bangalore with the introduction of one K.Sathyanarayanacharyulu and subsequently the said cheque was cleared and the said amount was withdrawn by A1 on different occasions in collusion with A2 and A3 and the amount was distributed among themselves. Further, A2 and A3 opened a fictitious account in the name of the said Sarojini by introducing one Yanadri through Anand and deposited the cheque for Rs.11,676/- in the Prudential Cooperative Urban Bank Limited, Secunderabad and the said amount was withdrawn by A2 & A3 from the fictitious account and distributed among themselves. The accused 1 to 3 dishonestly, with a mala fide intention, colluded together and encashed the cheques for Rs.87,878/- and Rs.11,676/- which were issued by ECIL to third parties by opening fictitious accounts with fictitious names and thereby caused wrongful loss to the ECIL. Thereby, the accused were charged for the offences under Sections 408, 419 and 420 IPC. 3. During the course of trial, P.Ws.1 to 12 were examined and Exs.P.1 to P24 were marked. No oral evidence was adduced, but Ex.D1 was marked on behalf of the defence. 4. On an analysis of the entire evidence on record, the learned Magistrate vide his judgment, dated 30-09-1997, acquitted the respondents-A1 to A3. The State has not chosen to file any appeal against the said acquittal. However, invoking the jurisdiction of this Court under Sections 397 and 401 Cr.P.C., the State filed the present Criminal Revision Case assailing the said judgment. 5. Heard both sides. Perused the record. 6. In my considered view, this revision is not maintainable for all purposes. It is a judgment of acquittal and when once a judgment of acquittal is passed, the only remedy left open to the petitioner is to file an appeal against the order of acquittal, as provided for under Section 378 (4) Cr.P.C., but not a revision invoking the jurisdiction of this Court under Sections 397 and 401 Cr.P.C. For this reason, this Court finds no merits in this revision. 7. Accordingly, Criminal Revision Case is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 15th July, 2010. Tsy