IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1052 of 2000 Date of decision: 26th February, 2009 M/s Rainbow Marketing … Petitioner Versus M/s Sara Communication and Business System Pvt. Ltd. and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Kulwant K.K., Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) M/s Rainbow Marketing through Kuldeep Singh Jaura had filed a complaint against M/s Sara Communication & Business System Private Limited and Sanjay Kumar, Managing Director of M/s Sara Communication & Business System Private Limited. Summons were issued. Accused had appeared. Trial for offence under Section 138 of Negotiable Instruments Act prescribe summary procedure. Section 2 (w) and (x) Cr.P.C. defines summons case and warrant case. The same reads as under: “2. (w) “summons-case” means a case relating to an offence, and not being a warrant-case. (x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding tow years.” Offence under Section 138 Negotiable Instruments Act fall under Summons Case. Criminal Revision No.1052 of 2000 Section 256 Cr.P.C. states that if due to non-appearance of the complainant, complaint is dismissed, it will amount to acquittal. Remedy for the petitioner was to institute appeal against acquittal and the present revision petition is not maintainable. Hence the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE February 26, 2009 rps 2