THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1245 OF 2002 ORDER: 1 Aggrieved by the judgment dated 06.06.2002 passed in C.C.No.821 of 2000 by the learned IV Metropolitan Magistrate Hyderabad whereby the second respondent herein was acquitted of the offence punishable under section 138 of Negotiable Instruments Act, the de facto complainant before the trial court filed this revision. 2 The facts in brief are that the first respondent issued a cheque dated 28.02.2000 in favour of the petitioner for an amount of Rs.1,00,000/- drawn on A.P. Vardhaman (Mahila) Co-Operative Urban Bank Limited, Eden Bagh Branch, Hyderabad, towards discharge of the loan amount which he had taken from the complainant, which on presentation for clearance was dishonoured for the reason ‘insufficient funds’. After following due procedure laid down under law i.e. issuance of statutory notice etc., the petitioner filed the complaint before the trial court against the second respondent for the offence punishable under section 138 of N.I. Act. The trial court having analysed the entire material available before it, found the second respondent not guilty of the said offence and accordingly acquitted him. Questioning the same, the de facto complainant 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. --------------- 15.07.2010 Kvsn