IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.Rev.Pet.No. 3832 of 2009() ------------------------------ ST.541/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... REVN. PETITIONER(S): PETITIONER/COMPLAINANT IN ST.NO.541/2008 ------------------------------------------------------------- S.MURUKAN, AGED 33 YEARS,RESIDING AT GOKULAM HOUSE, PRATHEEKSHA NAGAR NO.5,TOWN LIMIT, KILIKOLLOOR VILLAGE,KOLLAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): ACCUSED ---------------------- 1. PYARIJAN BEEVI, AGED 48 YEARS,RESIDING AT LEKSHAM VEEDU NO.15, SASTHAM MUKALIL,MUSLIM STREET,KOTTARAKARA. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 3832 of 2009 ................................................ Dated: 19-02-2010 O R D E R The petitioner, who is the complainant in S.T. No. 541 of 2008 on the file of the Chief Judicial Magistrate Court, Kollam in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs. 1,50,000/- challenges the order dated 14-7-2009 passed by the learned Magistrate dismissing the complaint under Section 204 (4) Cr.P.C. for the absence of the petitioner complainant and also for the failure to remit process fee. 2. There might have been some laches 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. Accordingly, the impugned order is set aside and S.T. No. 541 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 22-3-2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 19th day of February, 2010 V. RAMKUMAR, JUDGE. ani/