THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.55 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 29.10.2009, passed by the learned Judicial Magistrate of First Class, Luxettipet, in C.C.No.557 of 2003, whereby the first respondent herein- accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. This Court is of the view that this Revision itself is not maintainable for the reason that the petitioner herein filed the said complaint alleging an offence punishable under Section 138 of the Negotiable Instruments act. When the said complaint is dismissed and the accused is acquitted, the only remedy left open to the petitioner is to file an appeal against the order of acquittal, as provided for under Section 378 Cr.P.C., but not a Revision under Sections 397 and 407 Cr.P.C. Accordingly, the Criminal Revision Case is dismissed as not maintainable. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 08th February, 2011 dr