(1.) THESE Criminal Revision Cases are filed under Sections 397 and 401 Cr.P.C. by the petitioners -complainants in C.C. Nos. 591 of 2009 and 592 of 2009 on the file of the XVIII Additional Chief Metropolitan Magistrate, Hyderabad, having been aggrieved by the acquittal judgment of private complaint case under Section 138 of N.I. Act impugned unsuccessful by the complainant of the private complaint case in Crl. A No. 465 of 2012 and Crl. A. No. 464 of 2012 respectively. In these two revisions at the request of the complainants/revision petitioners in the previous adjournments were admitted tentatively and permitted to take out personal notice to the 2nd respondent -accused in both the revision petitions.
(2.) IT is stated by the learned counsel for petitioners that the personal service of notice sent unclaimed and proof of service filed in USR Nos. 2114 of 2014 and 2115 of 2014. In fact at this stage, the learned counsel for the revision petitioners submitted that instead of filing regular appeal in both the cases, it is mistakenly filed as revision and neither Registry taken objection nor this Court at the time of admission, however, that is not a bar and these are to be returned for resubmitting as regular appeals.
(3.) NOW the points that arise for consideration are: