IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.Rev.Pet.No. 3331 of 2008() ------------------------------ ST.793/2006 of THE J.F.C.M. IV, KOCHI .................... REVN. PETITIONER(S): COMPLAINANT: --------------------------------- INDIAN OVERSEAS BANK, A BODY CORPORATE CONSITUTED UNDER THE BANKING CO. (ACQUISITION AND TRANSFER OF UNDERTAKINGS),ACT 1970, HAVING ITS CENTRAL OFFICE AT 763,ANNA SALAI, CHENNAI-600 002 PADMA JN. BRANCH,M.G.ROAD,ERNAKULAM-35,REP.BY ITS CHIEF MANAGER, C.K. SATHIANATHAN. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ACCUSED AND STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBILC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.M. ANTONY, PUTHIYAPARAMBIL HOUSE, NEAR KOOTICKAL GRAMA PANCHAYATH OFFICE, KOTTICKAL, KANJIRAPPALLY. ADV. SRI.M.K.SHASIKUMAR FOR R2 PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 3331 of 2008 ................................................ Dated, this the 18th day of February, 2009. O R D E R The learned counsel appearing for the revision petitioner/complainant admitted that the dismissal of the private complaint filed as S.T. No. 793 of 2006 before the J.F.C.M. IV, Kochi, was after the appearance of the accused. If so, the court below was wrong in stating that the complaint is dismissed under Sec. 256 Cr.P.C. The only mode of disposal after the appearance of the accused in a summons trial case where the complainant is absent is by acquittal under Sec. 256 Cr.P.C. Hence, the impugned order should be treated as one acquitting the accused in which case the remedy of the petitioner is not a Revision but an Appeal after obtaining special leave under Sec. 378 (4) Cr.P.C. Without prejudice to the right of the petitioner to file appeal after seeking special leave, this Revision is dismissed as not maintainable. Registry shall return the certified copy of the impugned order as and when applied for. Dated, this the 18th day of February, 2009. Sd/-V.Ramkumar, Judge. /true copy/ V.RAMKUMAR, J. ................................................. Crl.R.P. No. 3331 of 2008 ................................................ Dated, this the 18th day of February, 2009. Registry shall ascertain from the J.F.C.M. IV, Kochi, as to how the complaint under Sec. 138 of the Negotiable Instruments Act, could be dismissed under Sec. 256 Cr.P.C. after the appearance of the accused as has been done in S.T. No. . 793 OF 2006. V.Ramkumar, Judge.