1. The unnumbered revision with the afore numbered petition to condone delay, has been filed by the de facto complainant in C.C.No.127 of 2004 of the Judicial First Class Magistrate Court – V, Kozhikode, impeaching the legality and correctness of the order of acquittal passed in favour of the first respondent/accused, who was prosecuted for the offences punishable under Sections 166, 167 and 466 of the Indian Penal Code, on a report filed by the Sub Inspector of Police, Faroke Police Station.

2. The delay petition coming up for consideration, a question arose whether the de facto complainant/revision petitioner has an alternate efficacious remedy of preferring an appeal against the order of acquittal. The crux of the allegations for prosecution of the first respondent was that on account of the illegal acts committed by him in making false entries in the service records of the de facto complainant calculation of his pensionable service was wrongly made and, thereby, he suffered reduction in pension. Since he suffered injury by the alleged illegal acts, constituting the offences imputed against the accused, the de facto complainant has the status of ‘victim’ as defined u