IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.Rev.Pet.No. 2839 of 2008() ------------------------------ ST.189/2008 of JFCM-IV, ERNAKULAM .................... REVN. PETITIONER: COMPLAINANT ----------------------------- M/S.EMART INDIA LTD(PRESENTLY KNOWN AS NEXT RETAIL INDIA LTD)REGD.OFFICE AT AUTO CARS COMPOUND,ADALATH ROAD,AURANGABAD MAHARASHTRA, REGIONAL OFFICE AT BLDG.N0.33/1885-B1,COCHIN BYE- PASS,NEAR EMC,VENNELA.P.O., KOCHI,ERNAKULAM DIST. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ====================== Crl. M.A. No. of 2008 in Unnumbered Crl. R.P. of 2008 ======================= Date: ORDER This is a petition to condone the delay of ...... days in filing the revision. Since the complaint was dismissed by the Magistrate even before the appearance of the accused, notice to the ........ respondent/complainant is dispensed with. Having regard to the averments in the affidavit in support of this petition, the delay of ...... days in filing the above revision is condoned. Registry to number the revision petition today itself. V. RAMKUMAR, JUDGE. rv V. RAMKUMAR , J. ========================== Crl.R.P. No.2839 of 2008 ========================== Dated this the 21st day of August, 2008. ORDER The petitioner, who is the complainant in S.T.No.189/2008 on the file of the Judicial First Class Magistrate-IV, Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.77,610/=, challenges the order dated 19.5.2008 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 latches on the part of the petitioner/complainant in not taking steps at the right time. However, the petitioner did not deserve a dismissal of its complaint. Accordingly, the impugned order is set aside and S.T.No.189/2008 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 4.9.2008, by which time the petitioner shall have taken all steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. Dated this the day of August, 2008. V. RAMKUMAR, JUDGE. rv