JUDGMENT : Cr.MP No.2293 of 2021 Leave to appeal is granted. Application stands disposed of. CRIMINAL APPEAL No.347 OF 2021 Instant criminal appeal filed under Section 378 Cr.PC, lays challenge to order dated 07.10.2021, passed by learned Sessions Judge, Mandi, H.P., in Criminal Revision No. 02 of 2021, whereby Cr. Revision Petition having been filed by the appellant/complainant/petitioner (hereinafter-referred to as ‘complainant’) came to be dismissed on the ground of maintainability. 2. Precisely, the facts of the case, as emerge from the record are that complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as ‘Act’) in the competent Court of law, but the same came to be dismissed vide order dated 31.08.2021, for non-prosecution. Perusal of the zimni orders placed on record reveals that though complaint under Section 138 of the Act was filed in the month of January, 2021, but it repeatedly came to be adjourned on account of non-service of respondent/accused. Vide order dated 06.07.2021, court below summoned the accused for 31.08.2021, but on that day, neither accused nor the complainant came present and as such, court below dismissed the complaint for non-prosecution. Being aggrieved and dissatisfied with the aforesaid order passed by learned Judicial Magistrate, 1st Class, Court No.3, Mandi, complainant preferred Cr. Revision Petition in the Court of learned Sessions Judge, Mandi, H.P., but the same was dismissed on the ground of maintainability. In the aforesaid background, complainant has approached this Court in the instant proceedings. 3. Having heard learned counsel representing the complainant and perused the material available on record vis-a-vis reasoning assigned by learned Sessions Judge, Mandi, H.P., this Court finds no illegality and infirmity in the same because admittedly order dismissing the complaint in default amounts to acquittal of accused, which can only be laid challenge by way of an appeal, not by Cr. Revision. This Court in H.P. Finance Corporation vs. M/s Continental Spinners Limited 2003 Cri. Revision. This Court in H.P. Finance Corporation vs. M/s Continental Spinners Limited 2003 Cri. L.J. 2750, has categorically held that for all intents and purposes, order dismissing the complaint on account of non-prosecution, has the effect of acquittal and as such, remedy of the 2 complainant is to make an application seeking Special Leave to Appeal against the impugned order, Sub-section (4) of Section 401 of Cr.P.C, clearly provides that where under the Code, an appeal lies and no appeal is preferred, no proceeding by way of revision shall be entertained at the instance of the party, who could have otherwise filed an appeal. 4. In the aforesaid background, order dated 07.10.2021, passed by learned Sessions Judge, Mandi, H.P. is upheld, but having taken note of the fact that complainant had taken steps for the service of respondent/accused for the date fixed by the Court, i.e. 31.08.2021, this Court is of the view that court below ought to have afforded one more opportunity to the complainant to cause his presence. Careful perusal of zimni orders placed on record clearly reveals that one Sh. Mahesh Verma, Advocate, had been regularly appearing on behalf of the complainant, but on 31.08.2021, he failed to put in appearance, as a consequence of which, complaint having been filed by the complainant came to be dismissed for non-prosecution. 5. True it is, complainant is always under obligation to put in appearance in the cases filed under Section 138 of the Act unless he is exempted by the Court, but once, he had engaged some lawyer to represent him, this Court has reason to presume and believe that he was under impression that he would be duly represented in the Court by his lawyer. Having taken note of the well settled principle of law that litigant cannot be allowed to suffer on account of fault, if any, committed by his/her lawyer, this Court finds no reason to let order dated 31.08.2021 sustain. 6. Consequently, in view of the above, present appeal is allowed and order dated 31.08.2021, passed by learned Judicial Magistrate, 1st Class, Court No.3, Mandi, H.P. is quashed and set aside and complainant is directed to remain present before court below on 18.12.2021, enabling it to proceed 3 with the matter afresh from the stage of passing of order dated 31.08.2021. Consequently, in view of the above, present appeal is allowed and order dated 31.08.2021, passed by learned Judicial Magistrate, 1st Class, Court No.3, Mandi, H.P. is quashed and set aside and complainant is directed to remain present before court below on 18.12.2021, enabling it to proceed 3 with the matter afresh from the stage of passing of order dated 31.08.2021. It is made clear that in case, complainant fails to put in appearance, on the date fixed by this Court, order dated 31.08.2021, shall automatically revive and no more opportunity would be granted to him to cause presence. Appeal is disposed of in above-terms, so also pending applications, if any.