IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.Rev.Pet.No. 1094 of 2008() ------------------------------ ST.353/2006 of JUDICIAL FIRST CLASS MAGISTRATE-IX, THIRUVANANTHAPURAM. .................... REVN. PETITIONER: COMPLAINANT --------------------------------------- V.SANIL KUMAR, S/O.VISWAMBHARAN, NISHITHA BHAVAN, CHENKOTTUKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS: ACCUSED AND STATE ------------------------------------------ 1. RAJAN @ SAHADEVAN, C/O.DANAMMA, VADAKKATHIL VILA PUTHEN VEEDU, KATTAIKKONAM P.O., VIA-POTHENCODE, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1094 of 2008 ========================== Dated this the 1st day of April, 2008. ORDER The petitioner, who is the complainant in S.T.No. 353 of 2006 on the file of the Judicial First Class Magistrate-IX, Thiruvananthapuram in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.75,000/-, challenges the order dated 18.01.2008 dismissing the complaint filed under Section 204(4) Cr.P.C for not taking steps and also for the absence of the complainant. 2. Since the accused in the case is absconding, notice to the 1st respondent/accused in this revision is dispensed with. 3. No doubt, there has been latches on the part of the complainant in not taking steps. But, the complainant certainly did not deserve dismissal of his complaint for the same. He could have been given one more opportunity to take steps. Accordingly, the impugned order is set aside and S.T.No. 353/2006 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 15.04.2008 by which date he shall have remitted the process fee and taken such other steps which are necessary for the further progress of the case. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv