J. VINCENT XAVIER Vs. R. MANIARASAN

JUDGEMENT

(1.) The Appellant/Complainant has preferred the instant Criminal Appeal before this Court as against the Judgment of acquittal dated 20.05.2010 in S.T.C. No. 1065 of 2009 passed by the learned District Munsif-cum-Judicial Magistrate, Neyveli. It transpires that the Appellant/Complainant has filed the present Criminal Appeal under Section 378(4) of Cr.P.C. At this stage, a perusal of the impugned order of the trial Court shows that the Complainant was absent on 20.05.2010 and also that Process Fee was not paid on his behalf to issue summons to the Respondent/Accused. Further more, no representation was made on his side and consequently, the Complaint was dismissed, resulting in the acquittal of the Respondent/Accused.

(2.) It is to be borne in mind that no Appeal lies against the order dismissing the Complaint under Section 203 of Cr.P.C. However, the Complainant may file Revision Petition before the learned Sessions Judge or Honourable High Court for further enquiry as per decision in Chabilal v. Krishna Bahadur, 1984 CrLJ 1433. Also that the order dismissing the Complaint is not an interlocutory order and therefore, Revision lies, in the considered opinion of this Court. Therefore, this Court holds that the present Criminal Appeal filed by the Appellant is not maintainable. In view of the above, the Criminal Appeal No. 424 of 2010 is dismissed as not maintainable in law. However, this Court grants liberty to the Appellant/Complainant to file Revision Case before the learned Sessions Judge in terms of the Criminal Procedure Code and to seek appropriate remedy thereto, in accordance with law.