THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.871 of 2002 DATED: 15-07-2010 ORDER: This revision is filed by the petitioner, who was examined as P.W.1, questioning the judgment of acquittal, dated 23-01-2002, passed in Crl.A.No.402 of 2001 by the learned I Additional Metropolitan Sessions Judge, Hyderabad, confirming the sentence of imprisonment imposed against the accused for the charges under Sections 467 and 468 IPC to undergo simple imprisonment for two years under each count and to pay a fine of Rs.1000/-, in default, suffer simple imprisonment for one month under each count, by the learned XV Metropolitan Magistrate, Hyderabad in C.C.No.402 of 2001. 2. The brief facts are that the 2nd respondent herein- accused submitted an application by forging the signatures of P.Ws.1 to 3 and opened an account in ICICI bank and operated the account by obtaining ledger book from the bank. Though the accused is living separately from P.W.1, due to family disputes, he has been depositing the cheques of dividends accrued in her name from the above account and he withdrew the amounts by issuing cheque bearing No.68102, dated 08-04-1999 for Rs.8500/- purported to have been signed by P.W.1 and thus the accused cheated his own family members with dishonest intention to get the dividend amount withdrawn from the ICICI bank and therefore, the police Saifabad police station registered a case in Cr.No.374 of 1999 against the accused and the same was taken on file by the learned Magistrate as C.C.No.276 of 2000. 3. During the course of trial, P.Ws.1 to 6 were examined and Exs.P.1 to P6 were marked. No oral or documentary evidence was adduced on behalf of the accused. 4. On an analysis of the entire evidence on record, the learned Magistrate vide judgment, dated 12-11-2001, found the accused guilty of the offence under Section 457 IPC and sentenced him to suffer simple imprisonment for a period of two years and also to pay fine of Rs.1000/- in default to suffer simple imprisonment for one month. He also found him guilty of the offence under Section 468 IPC and sentenced to suffer simple imprisonment for two years and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for one month, while acquitting him under Section 248 (1) Cr.P.C. for the offences punishable under Sections 420 and 471 IPC. Against the same, the 2nd respondent herein filed Crl.A.No.402 of 2001 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, and the learned Sessions Judge by his judgment, dated 23-01-2002, allowed the appeal. Aggrieved thereby, petitioner herein-P.W.1 filed the present revision. 5. Heard both sides. Perused the record. 6. Having considered the submissions made by the learned counsel and also perusing the impugned judgment, this Court is of the view that the said judgment cannot be interfered with. In fact, the learned Judge having analyzed the entire evidence on record, while giving cogent reasons, recorded the said acquittal. Further, the scope of the revision against the acquittal is very much limited. Even if this Court comes to the conclusion that there is a prima facie case and the Court below is not justified in recording the acquittal, the maximum that can be done is to remand the matter to the Court for fresh disposal in accordance with law. As the alleged offence took place in 1999 and the respondent herein-accused has faced the trial and the judgment was pronounced in the year, 2002, this Court, apart from the merits, finds no reason to interfere with the said finding. 7. Accordingly, Criminal Revision Case is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 15th July, 2010. Tsy