5. On perusal of record, it transpires that the complainant has filed a complaint under Section 138 of Negotiable Instruments Act, 1881 against the respondent regarding dishonour of cheque amounting to Rs. 1,97,200/-. The case was fixed for evidence of the complainant on several occasions since 07.05.2010 and on 08.05.2015 also the case was fixed for complainant’s evidence but when the call was made at 12:00 pm, 2:30 pm and 4:30 pm, the complainant and his witnesses does not appear before the Trial Court after which the Trial Court quashed the complaint under Section 256 of Cr.P.C. against which the petitioner filed Criminal Revision bearing No. 233/2015 before the Additional Sessions Judge, Raipur (C.G.). learned Additional Sessions Judge, Raipur (C.G.) dismissed the revision state stating that due to the dismissal of the complaint under Section 256 of Cr.P.C., its effect resulted in the acquittal of the accused. According to Section 378(4) of the Cr.P.C., an appeal can be filed in the Hon’ble High Court with special leave to appeal against the order of acquittal in a case instituted on a complaint. Hence, the criminal revision is not maintainable.
