THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1556 of 2002 DATED: 03-06-2010 ORDER: This revision is filed by the complainant, who was examined as P.W.1, questioning the judgment, dated 14-06-2002, passed in C.C.No.129 of 1998 by the Judicial Magistrate of First Class, Nuzvid, whereby the 1st respondent herein was acquitted of the charge punishable under Section 138 of the Negotiable Instruments Act ( for brevity, ‘the Act’). 2. The brief facts are that the 1st respondent herein borrowed an amount of Rs.1,70,000/- from the petitioner herein and on demand, three cheques, marked as Exs.P2 to 4, were issued for a total sum of Rs.1,25,000/- and when the said cheques were presented by the petitioner in the Andhra Bank, Nuzvid Branch they were bounced. Thereafter, after following the procedure provided for under Section 138 of the Act, a private complaint was filed and the same was numbered as C.C.No.129 of 1998. 3. During the course of trial, petitioner was examined as P.W.1 and he got exhibited Exs.P.1 to P8. The respondent has not chosen to examine anybody, however exhibited Ex.D1-legal notice, dated 03-02-1998. 4. Having analyzed the entire evidence on record, the learned Magistrate, as stated supra, acquitted the respondent herein invoking the jurisdiction under Section 255(1) Cr.P.C. The same is questioned by the petitioner herein in the present Criminal Revision Case. 5. Heard both sides. Perused the record. 6. 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 under Section 255(1) Cr.P.C., 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. 7. Accordingly, Criminal Revision Case is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 03rd June, 2010. Tsy