THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.691 of 2002 DATED: 15-07-2010 ORDER: This revision is filed by the petitioner herein, questioning the judgment of acquittal, dated 20-07-2000, passed in Crl.A.No.199 of 1997 by the learned II Additional Sessions Judge, Rajahmundry, whereby the judgment of conviction, dated 27-08-1996, in C.C.No.240 of 1994 passed by the learned III Additional Judicial Magistrate of First Class, Rajahmundry, was set aside. 2. The brief facts are that the petitioner bank filed a private complaint against the respondents herein alleging offences punishable under Sections 138 and 141 of the Negotiable Instruments Act, and the same was taken on file by the learned III Additional Judicial Magistrate of First Class, Rajahmundry as C.C.No.240 of 1994. 3. During the course of trial, P.Ws.1 to 3 were examined and Exs.P.1 to P17 were marked. No oral or documentary evidence was adduced on behalf of the respondents. 4. On an analysis of the entire evidence on record, the learned Magistrate came to the conclusion that the petitioner proved the guilt of the accused and accordingly sentenced the 1st respondent herein-A1 to pay a fine of Rs.5000/- and 2nd respondent-A2 to suffer simple imprisonment for six months and also to pay a fine of Rs.5000/-. As against the same, the respondents 1 and 2 herein preferred Crl.A.No.199 of 1996 on the file of the learned II Additional Sessions Judge, Rajahmundry and the learned Sessions Judge vide judgment, dated 20-07-2000, allowed the said appeal setting aside the said conviction imposed by the trial Court. The same is questioned in this revision. 5. 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. 6. Accordingly, Criminal Revision Case is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 15th July, 2010. Tsy