Crl.Rev.No.364 of 2001 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Revision No.364 of 2001
Date of Decision: 3 - 3 - 2009
Rajan Sharma .....Petitioner
v.
Shri Kaushal Sharma and another .....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: None for the parties.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present revision petition was filed against the order passed
by the Judicial Magistrate Ist Class, Ludhiana whereby complaint preferred
by Rajan Sharma against Kaushal Sharma, proprietor, M/s Myelin
Laboratories, 9 Golden Plaza Market, Queen’s Road, Amritsar was
dismissed in default on 31.8.2000. The concerned Magistrate in his order
has recorded that case called several times since morning. None has come
present on behalf of the complainant. At 3.30 P.M. complaint was
dismissed in default. However, exemption for personal appearance was
granted to the accused.
In the present case, accused had been summoned to stand trial.
Dismissal of complaint under Section 256 Cr.P.C. in summons case amount
to acquittal. Therefore, the remedy available with the complainant-
Crl.Rev.No.364 of 2001 [2]
petitioner was to file an application for leave to appeal as envisaged under
Section 378(4) Cr.P.C.. The present revision petition is not maintainable.
In the present case, complaint was filed as cheque amounting to Rs.37,475/-
dated 7.8.1998 had bounced. The case under the Negotiable Instruments
Act fall under summons case as defined under Section 2(w) and (x) Cr.P.C..
This Court cannot come to the rescue of the petitioner as appropriate
remedy available to the petitioner was to file application for leave to appeal.
Hence, the present revision petition is dismissed being not maintainable.
( KANWALJIT SINGH AHLUWALIA )
March 3, 2009. JUDGE
RC