IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1793 of 2010() ------------------------- CRRP.59/2009 of SESSIONS COURT, ERNAKULAM ST.150/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER(S): REVISION PETITIONER/COMPLAINANT: ----------------------------------------------- G.SREEDHARAN, AGED 52 YEARS, LIG 706, PANAMPILLY NAGAR, KOCHI-36. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENT(S): -------------------------- 1. T.E.BALAL, S/O.EBRAHIM, THUMPARATHU HOUSE, POTTAKUZHY ROAD, KARUKAPPALLY JUNCTION, KALOOR-KOCHI-17. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1793 of 2010 = = = = = = = = = = = = = = Dated this the 25 th day of May, 2010 ORDER Petitioner, who is the complainant in S.T.No.150 of 2007 on the file of the J.F.C.M-III, Kochi alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.3,20,000/-, challenges the revisional order dated 14.9.2009 passed by the learned Magistrate dismissing Crl.R.P.No.59/2009 which was directed against the dismissal of his complaint under Section 204(4) Cr.P.C for failure to take steps. 2. Since the dismissal of the complaint was before the appearance of the accused in the trial court, notice to the 1st is dispensed with in this Crl.M.C. 3. There might have been some latches on the part of the petitioner/complainant in not taking steps at the right time. However, he did not deserve a dismissal of his complaint otherwise than on the merits. Accordingly, the Crl. M.C. No.1793 of 2010 2 impugned order dated 30.7.2008 is set aside and S.T.No.150/2007 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 16.06.2010, with all preparedness for the further progress of the case. This Crl.M.C is disposed of as above. Dated this the 25th day of May, 2010. V. RAMKUMAR, JUDGE sj