THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.253 OF 2002 ORDER: 1 The Sub Inspector of Police, I town P.S. Vijayawada registered a case in Cr.No.91 of 1999 for the alleged offences punishable under sections 409, 420 and 506 of IPC. After investigation a charge sheet was filed and the same was taken on file as C.C.No.517 of 1999. The learned II Metropolitan Magistrate Vijayawada recorded the evidence of P.Ws.1 to 4 and marked Exs.P.1 to P.11. Having considered the said evidence, the learned Magistrate by his judgment dated 16.11.2001 found the accused not guilty of the said offences and accordingly acquitted him. As the State has not filed any appeal against the said judgment the de facto complainant in the trial court filed this revision challenging the said order of acquittal. 2 Brief facts are that the accused is resident of Bangalore and he is wholesale dealer in readymade garments and P.W.1 is resident of Main Bazar, Vijayawada and he does cloths and readymade garments business. The accused used to visit the shop of P.W.1 and obtain orders for supply of readymade garments from time to time and there were business transitions. While on 27.03.1996 the accused made inducement that he will supply readymade garments and asked P.W.1 to lend Rs.3 lakhs to him for the purpose of his business. Believing the same P.W.1 gave the same amount to the accused and the accused also acknowledged the same. But the accused neither send the garments nor did he pay back the said amount to P.W.1. After some time when the accused came to Vijayawada to a different shop P.W.1 called him and asked him about the garments and the money, then the accused grew wild and threatened him with dire consequences. Hence the charge. The trial court having analysed the entire evidence passed the judgment as stated supra. 3 Heard both sides. 4 Having regard to the facts and circumstances of the case and also after going through the entire material including the judgment of the trial court, this court is thoroughly satisfied that the court below is perfectly justified in acquitting the accused for the offence punishable under sections 409, 420 and 506 of IPC since the prosecution has miserably failed to establish the guilt of the accused beyond reasonable doubt. In my considered view the said well considered judgment needs no interference. Further, this is a revision preferred under Sections 397 and 401 of Cr.P.C, against the order of acquittal, whereunder the scope and jurisdiction of this court is very limited. If any irregularity is found in the judgment passed by the trial court, this court at best can remand the matter for fresh disposal, but it cannot give a different finding. But, as seen from the judgment impugned in this revision, this court finds no irregularity in it. 5 Hence, I see no merits in this revision and the same is accordingly dismissed. --------------- Kvsn 08.07.2010