HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.114 of 2003 JUDGMENT: This criminal revision case is preferred by the petitioner-complainant against the judgment dated 09.10.2002 passed in C.C.No.128 of 1997 on the file of the learned V-Additional Munsif Magistrate, Guntur, acquitting the 1st respondent-accused for the offence punishable under Section 138 read with Section 141 of Negotiable Instruments Act. Brief facts of the case are that the 1st respondent- accused issued a cheque bearing No.0416816 dated 12.02.1997 for an amount of Rs.2,00,000/- towards the khatha account due to the petitioner-complainant and when the said cheque was presented for realization, the same was bounced with an endorsement ‘insufficient funds’. Thereafter, after following the procedure provided for under Sections 138 and 142 of the Negotiable Instruments Act, the petitioner-complainant filed the complaint and the same was taken on file by the trial Court. During the course of trial, on behalf of the petitioner- complainant P.W.1 was examined and got marked Exs.P1 to P8 to prove the guilt of the accused. On a perusal of the entire evidence, both oral and documentary, the trial Court held that the petitioner-complainant miserably failed to make out its case against the accused for the offence punishable under Section 138 read with Section 141 of N.I. Act and accordingly acquitted the 1st respondent- accused. Aggrieved by the same, the revision petitioner-complainant preferred this criminal revision. Heard both sides. Having regard to the fact that the petitioner instead of approaching this Court and invoking the jurisdiction of this Court under Sections 397 and 401 of Cr.P.C., should have preferred an appeal as provided for under Section 378 (4) of Cr.P.C. since against an order of acquittal an appeal lies but not a revision. In this view of the matter, this revision is liable to be dismissed. The Criminal Revision Case is accordingly dismissed. ___________________________ (GOPALA KRISHNA TAMADA, J) 15-07-2010 Gsn.