THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1556 of 2003 JUDGMENT: On the basis of a complaint given by the petitioner herein, the IX Metropolitan Magistrate, Hyderabad, tried respondent Nos.1 and 2 herein-accused in C.C.No.506 of 1999 for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, on behalf of the complainant, P.Ws.1 and 2 were examined and Exs.P-1 to P-7 were marked. On behalf of the accused, D.W-1 was examined, but no documents were marked. The learned Magistrate having analysed the entire evidence, by his judgment, dated 31.12.2002, found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and accordingly, sentenced them to undergo rigorous imprisonment for a period of one year and further directed that A-1, on his behalf and on behalf of A-2, to pay a compensation of Rs.10,000/- to the complainant, in default, to undergo simple imprisonment for a period of one month. The accused questioned the said judgment of the trial Court by filing an appeal being Criminal Appeal No.22 of 2003 before the IV Additional Metropolitan Sessions Judge, Hyderabad, who by his judgment, dated 27.06.2003, allowed the appeal, setting aside the conviction and sentenced imposed on the accused by the trial Court and further, directed that the compensation amount, if any, paid by the accused shall be refunded, after the lapse of appeal time. The said judgment rendered by the lower appellate Court is under challenge before this Court. Against the order of acquittal passed by the lower appellate Court, an appeal, as provided under Section 378 (4) Cr.P.C., is maintainable, but not a Criminal Revision Case under Sections 397 and 401 Cr.P.C. Hence, in my considered view, this Criminal Revision Case is not maintainable and this Court is not inclined to entertain the same and accordingly, the Criminal Revision Case is liable to be dismissed. In the result, the Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 30th September 2010 dr