IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Crl.Rev.Pet.No. 1454 of 2011() ------------------------------ CRA.176/2007 of ADDL.DISTRICT & SESSIONS COURT (ADHOC) 1, KOLLAM CC.786/2002 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... REVN. PETITIONER: PETITIONER/ACCUSED --------------------------------------- DINESH, AGED 40 YEARS, S/O.KRISHNAPILLAI, KRISHNAVIHAR, EDAVANASSERY MURI, MYNAGAPPALLY, KOLLAM DISTRICT-690519. BY ADV. SRI.SOORANAD S.SREEKUMAR RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SATHYAPALAN NAIR, S/O.MADHAVAN PILLAI, AGED 40 YEARS, CHEMPAKATHIL VEEDU, MANAKKARA MURI, SASTHAMCOTTA VILLAGE, KOLLAM-690521. BY P.P. SMT. REKHA C. NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No.1454 of 2011 ---------------------------------------- Dated the 17th Day of June , 2011 ORDER The complainant in a prosecution for the offence under section 138 of the Negotiable Instruments Act is the revision petitioner as he is aggrieved by the judgment dated 3.12.2010 in Crl.A.No.176 of 2007 of the court of Additional District & Sessions Judge, (Adhoc) I, Kollam by which the learned Sessions Judge acquitted the accused under section 255(1) Cr.P.C. The remedy of the complainant against the acquittal of the accused under section 255(1) Cr.P.C. is to file an appeal before this Court after getting special leave from this court and therefore it is left open for him to file an appeal. Therefore, the present Crl.R.P. filed at the instance of the complainant against the order of acquittal is not maintainable and accordingly, the same is dismissed with liberty to the revision petitioner/complainant to take appropriate steps if he CRL.R.P 1454/11 -:2:- is so advised. This Crl.R.P. is dismissed accordingly. V.K.MOHANAN, JUDGE kvm/-