IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3199 OF 2008() ------------------------------ CRA.157/2006 of ADDL.SESSIONS COURT (ADHOC)-IV, THIRUVANANTHAPURAM ST.3976/2005 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), THIRUVANANTHAPURAM .................... REVN. PETITIONER(S): RESPONDENT IN CRA.157/2006/COMPLAINANT ----------------------------------------------------------- M/S.HONGKONG AND SHANGHAI BANKING CORPORATION LTD. POST BOX NO.2244 VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, RAKESH DAWNY KOKKATTU. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL RESPONDENT(S): IST & 2ND RESPONDENT/APPELLANT -------------------------------------------- 1. SHAJAHAN SHERIEF, GEETHA, HOUSE NO.56/378, KATHRIKADAVU, KOCHI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3199 OF 2008 ------------------------------------------ Dated this the 17th day of December, 2008 O R D E R Revision is filed by the complainant challenging an order of acquittal passed by Additional Sessions Judge, Thiruvananthapuram in Crl. Appeal 157 of 2006. First respondent, the accused, was convicted for the offence under section 138 of Negotiable Instruments Act by Judicial First Class Magistrate-IV, Thiruvananthapuram. That conviction was set aside and first respondent was acquitted by Additional Sessions Judge in Crl. Appeal 157 of 2006 filed by the first respondent. When an order of acquittal is passed in an appeal and it is a case instituted upon a complaint, as provided under section 378(4) of Code of Criminal Procedure an appeal will lie to the High Court with special leave. When appeal has no revision will lie. Therefore remedy of the petitioner is to file an appeal as provided under section 378(4) of Code of Criminal Procedure. Revision is dismissed with liberty to the revision petitioner to challenge the order of acquittal by preferring an appeal as provided under section 378(4) of Code of Criminal Procedure. M. SASIDHARAN NAMBIAR, JUDGE Okb/-