THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1608 OF 2002 ORDER: 1 Aggrieved by the judgment dated 25.07.2002 passed in C.C.No.57 of 2001 by the learned V Metropolitan Magistrate, Hyderabad whereby the learned Magistrate acquitted the first respondent herein of the charge punishable under section 409 of IPC the de facto complainant before the court below filed this revision. 2 The charge levelled against the first respondent was that he being the custodian and head cashier of the bank misappropriated an amount of Rs.10 Lakhs and thus committed an offence punishable under section 409 of IPC. However, the trial court having analysed the entire material available before it, held that the prosecution failed to prove the guilt of the first respondent beyond reasonable doubt and hence it acquitted the first respondent under benefit of doubt. As against the said judgment dated 25.07.2002 the Branch Manager of the said Bank preferred this revision. 3. Heard. 4. Having gone through the entire material available on record, this court is of the view that the court below is perfectly justified in acquitting the first respondent herein. From the evidence of the prosecution witnesses it is clear that the prosecution failed to establish the guilt of the accused for the alleged offence beyond all reasonable doubt and accordingly the court below, having gone through all the material aspects, has rightly acquitted the first respondent. Further, this is a revision under sections 397 and 401 of Cr.P.C. under which the jurisdiction of this court is very limited. It is only when any material irregularity has been committed by the court below, this court will interfere and that too this court at best can remand the matter to the court below for fresh disposal. But it cannot give any altogether different finding. 4 Accordingly this revision is dismissed. --------------- Kvsn 15.07.2010