IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 774 of 2009 Date of decision: 6th May, 2009 Singpura Trading Company … Petitioner Versus Paramdeep Singh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Veneet Sharma, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner had instituted a complaint under Section 138 of Negotiable Instruments Act. Case was fixed for defence evidence and arguments. Complainant had not caused appearance and the complaint was dismissed in default. Respondent was being tried in a summons case by following summary procedure. As per section 256 Cr.P.C., non-appearance of the complainant and dismissal of the complaint amount to acquittal of the accused. Therefore, leave to appeal as envisaged under Section 378(4) Cr.P.C., is the only remedy with the complainant. Complainant had filed present revision petition. The order of dismissal of the complaint was passed on 5th September, 2008. Revision petition was preferred in this Court on 24th January, 2009. By that time, Criminal Revision No. 774 of 2009 revision petition was barred by 14 days. The period specified for filing application under Section 378(4) Cr.P.C. is 60 days. Counsel for the petitioner has stated that he may be permitted to withdraw the present revision petition to file application under Section 378(4) Cr.P.C. As prayed, dismissed as withdrawn. [KANWALJIT SINGH AHLUWALIA] JUDGE May 6, 2009 rps 2