THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1419 OF 2002 ORDER: 1 Aggrieved by the judgment dated 12.08.2002 passed in Criminal Appeal No.131 of 2002 by the learned IV Additional Metropolitan Sessions Judge, Hyderabad whereby the learned Additional Metropolitan Sessions Judge reversed the judgment dated 08.03.2002 passed in C.C.No.34 of 2000 by the learned IV Metropolitan Magistrate Hyderabad and acquitted the first respondent herein of the charge punishable under section 138 and 142 of Negotiable Instruments Act, the de facto complainant before the trial court filed this revision. 2 The charge levelled against the first respondent was that he issued a cheque bearing No. 1135813 dated 12.09.1999 for Rs.25,000/- drawon on Bank of India in favour of the petitioner herein in discharge of a hand loan that he took from the petitioner herein and when presented the said cheque was dishonoured for the reason ‘funds insufficient’. Thereafter the petitioner got issued a statutory legal notice and after following due procedure laid down by law, he filed the complaint against the first respondent. The trial court after analysing the entire evidence available on record found the first respondent guilty of the said offence and accordingly sentenced him to undergo simple imprisonment for one month and also to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for fifteen days. As against the said judgment dated 08.03.2002 passed by the trial court the first respondent preferred Criminal Appeal No. 131 of 2002, and the learned Additional Metropolitan Sessions Judge by his judgment dated 12.08.2002 while allowing the said appeal, set aside the conviction and sentence passed by the trial court. Aggrieved thereby the complainant before the trial court preferred this revision. 3 Having regard to the fact that the petitioner instead of approaching this court invoking the jurisdiction of this court under sections 397 and 401 of Cr.P.C., should have preferred an appeal as provided under section 378(4) of Cr.P.C since against an order of acquittal an appeal lies but not a revision. 4 Accordingly this revision is dismissed. --------------- Kvsn 15.07.2010