{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1959 OF 2009 Rajkamal Automobiles APPLICANT VERSUS Kashinath s/o Ganpatrao Vaidhya RESPONDENT ....... Mr.S.S.Rathi, Advocate for applicant Mr.P.N.Kalani, Advocate for the respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 24th November 2009 PER COURT: 1. By the present application, u/s 482 of the Criminal Procedure Code, the applicant has challenged the order passed by the Sessions Judge, Parbhani in Criminal Revision Application No. 20/2008 by which the applicant had challenged the order of dismissal of summary criminal case No.2231/2006 dated 20.02.2008 passed by the CJM, Parbhani, which was dismissed for default. 2. At the outset, learned counsel for the respondent, relying on the judgment in the matter of “Gajanan Chopade V/s {2} Mahatma Jotirao Phule Gramin Bigarsheti Sahakari Patsanstha Maryadit, Barloni” reported in 2009 (1) Mh.L.J. 845, raised a technical objection. It is observed in the said judgment that if a private complaint is dismissed by a Magistrate u/s 256 of the Criminal Procedure Code and acquitted the accused, then the remedy available to the complainant is an appeal u/s 378 of the Code of Criminal Procedure and not a revision u/s 397 of the Code of Criminal Procedure. 3. Considering the legal proposition, learned counsel for the applicant seeks leave to withdraw the present criminal application with liberty to file criminal appeal before the appropriate court. Leave granted. The application stands disposed of as withdrawn with the aforesaid liberty. It is made clear that all the legal issues are kept open, in case any appeal is preferred by the applicant before the competent court of law. [A.V.POTDAR, J.] drp/criapln1959-09