1. This revision has been preferred by applicant/complainant against order' dated 31.8.2010 passed by Fourth Additional Judge to First Additional Sessions Judge, Gwalior, in Criminal Appeal No. 266/2010, whereby appeal preferred against judgment dated 28.1.2010 passed in Criminal Case No. 2302/2008 acquitting respondent from the charge under section 138 of the Negotiable Instruments Act, (for brevity the Act) is dismissed.

2. Facts stated in brief are that applicant/complainant filed a complaint under section 138 of the Act before JMFC, Gwalior, which was registered as Criminal Case NO. 2302/2008. In that case, respondent/accused was acquitted by judgment dated 28.1.2010 from the charge under section 138 of the Act. Against that judgment of acquittal, applicant/complainant preferred Criminal Appeal No.266/2010 which was dismissed by learned appellate Court vide order dated 31.8.2010 on two grounds; firstly that appeal is time barred and secondly appeal is not maintainable. Against the order of appellate Court dismissing the appeal applicant/complainant has preferred this revision.

3. It is contended by learned counsel on behalf of the applicant that order of learned Appellate C