1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRIMINAL REVISION APPLICATION NO. 97 of 2007 Bapurao M. Deshmukh ...vs.. Rajesh P. Bonkinpillewar -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : A. P. LAVANDE, J. DATE : 23rd April, 2008 Heard Mr. Mirza learned counsel for applicant, Mr. Sonka, learned APP for Respondent No.2. Learned counsel for the applicant submits that this revision has been filed against the judgment and order of acquittal, in Criminal Appeal No. 10/2006, passed Additional Sessions Judge, Pusad, allowing appeal against the judgment and order of conviction passed by J. M. F. C., thereby acquitting the respondent No.1 of the offence punishable under Section 138 of Negotiable Instruments Act. According to Mr. Mirza, the applicant was advised that the against the judgment and order of acquittal passed by the Appellate Court, revision is maintainable and therefore, this revision has been filed. Mr. Mirza Further submits that now the applicant has been advised that the proper remedy against the impugned judgment and order is by way of application under Section 378 (4) of Cr. P. C. and therefore, the applicant be 2 permitted to withdraw this revision application with liberty to file application under Section 378 (4) of Cr. P. C. Against the order of acquittal passed in appeal against conviction arising out of criminal complaint, the remedy by way of application under Section 378(4) is available to the complainant. Therefore, the remedy available to the applicant in the present matter is by way of application under Section 378(4) of Cr. P. C. In view of above, the applicant is permitted to withdraw the revision application with liberty to file application under Section 378(4) of Cr. P. C. Needless to mention that the applicant will have to file application seeking condonation of delay alongwith the application under Section 378(4). The revision application stands dismissed as withdrawn with liberty sought for. JUDGE andurkar.