Crl.Rev.No.364 of 2001 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.364 of 2001 Date of Decision: 3 - 3 - 2009 Rajan Sharma .....Petitioner v. Shri Kaushal Sharma and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: None for the parties. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition was filed against the order passed by the Judicial Magistrate Ist Class, Ludhiana whereby complaint preferred by Rajan Sharma against Kaushal Sharma, proprietor, M/s Myelin Laboratories, 9 Golden Plaza Market, Queen's Road, Amritsar was dismissed in default on 31.8.2000. The concerned Magistrate in his order has recorded that case called several times since morning. None has come present on behalf of the complainant. At 3.30 P.M. complaint was dismissed in default. However, exemption for personal appearance was granted to the accused. In the present case, accused had been summoned to stand trial. Dismissal of complaint under Section 256 Cr.P.C. in summons case amount to acquittal. Therefore, the remedy available with the complainant- Crl.Rev.No.364 of 2001 [2] petitioner was to file an application for leave to appeal as envisaged under Section 378(4) Cr.P.C.. The present revision petition is not maintainable. In the present case, complaint was filed as cheque amounting to Rs.37,475/- dated 7.8.1998 had bounced. The case under the Negotiable Instruments Act fall under summons case as defined under Section 2(w) and (x) Cr.P.C.. This Court cannot come to the rescue of the petitioner as appropriate remedy available to the petitioner was to file application for leave to appeal. Hence, the present revision petition is dismissed being not maintainable. ( KANWALJIT SINGH AHLUWALIA ) March 3, 2009. JUDGE RC