HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.1369 of 2003 JUDGMENT: This criminal revision case is filed against the order of dismissal of complaint of the petitioner herein by the III- Metropolitan Magistrate, Visakhapatnam, in C.C.No.80 of 2002 dated 11.03.2003. Heard both sides. The impugned order reads as under: “Complainant absent. No representation at 11.00 A.M. Accused present. Complainant absent. No representation at 4.15 P.M. Complaint is dismissed under Section 256 of Cr.P.C. Accused is acquitted under Section 256 Cr.P.C. for the offence under Section 138 of N.I. Act” 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) 29-07-2010 Gsn.