IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.Rev.Pet.No. 39 of 2000() ---------------------------- CRMP.1257/1999 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER/COMPLAINANT: ------------------ TRANSPORT CORPORATION OF INDIA LTD., REPRESENTED BY ITS PRESENT ZONAL MANAGER, KRISHNA KUMAR AGARWAL, TRANSPORT CORPORATION OF INDIA OFFICE, T.D.ROAD, ERNAKULAM, COCHIN 682 035. BY ADV. SRI.T.V.GEORGE SRI.SHAJI SEBASTIAN SMT.SAJEENA K. RESPONDENTS/ACCUSED: ------------- 1. THOMAS CHANDY, MANAGING PARTNER & ACCOUNTS MANAGER, SECURITY EQUIPMENT AGENCIES, CARMEL CENTRE, BANERJI ROAD, ERNAKULAM, COCHIN 682 018. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.S.VIJAYAKUMAR R1 BY ADV.SRI.GEORGE THOMAS (MEVADA) R2 BY PUBLIC PROSECUTOR SRI.P.K.RAVIKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Crl.R.P.No.39 OF 2000 ------------------------------------------- Dated this the 12th day of August, 2008 O R D E R Heard. The revision petitioner filed a complaint against the first respondent alleging offences punishable under Section 138 of the Negotiable Instruments Act. On account of default in appearance of the complainant, the learned Magistrate dismissed the complaint. In para 4 of the revision, the petitioner states the dates of postings and further that the inconvenience of the Zonal manger of the company was the reason for the non appearance. Going by the impugned order, it is seen that nobody appeared on behalf of the complainant even for recording the sworn statement, though the matter was listed on 6.7.1999, 20.8.1999, 7.10.1999 and on 3.11.1999. I do not find at this distant point of time, the complaint, even if it alleges an offence under Section 420 IPC, need be reopened. The revision petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.14/8.