ORDER

Can an order of dismissal passed under section 204(4) of the code be treated as an order of acquittal? Can such order be challenged in an appeal, under Section 378 of the Code of Criminal Procedure (`the code', in short)? These questions arise in this petition for leave to file an appeal under Section 378 (4) of the code.

2. Petitioner filed a complaint alleging offence under section 138 of the Negotiable Instruments Act before the Magistrate's court. It was dismissed under section 204(4) of the code, since petitioner failed to take steps after issuing warrant against the accused. Hence, petitioner has filed an appeal against the said order under section 378 of the code, treating it as an order of acquittal. He also filed this petition for special leave to file appeal.

The impugned order passed under 204 of the code can be extracted hereunder:

“This case was called on for hearing today, to which it had been posted. The complainant has not taken steps in this case. Thereby, this complaint is dismissed U/s.204 of Cr.P.C.”

Crl.L. P. 408/2006 2 It is clear from the above order that the complaint was “dismissed” under section 204 of the Code. The relevant portion of section 204 of t