IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.Rev.Pet.No. 1724 of 2008(H) ------------------------------- CC.1116/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM .................... REVN. PETITIONER: COMPLAINTANT ------------------------------ M/S.STERLING CHEMICAL & PLASTICS, 39/6681, ALAPPAT CROSS ROAD, RAVIPURAM COCHIN-18 REP.BY ITS POWER OF ATTORNEY, RAMDAS R.VARMA BY ADV. SRI.JOY THATTIL ITTOOP RESPONDENTS: STATE /ACCUSED --------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR. 2. MR.RASHEED, PROPRIETOR M/S.MULTITECH GRAVURE SYSTEMS LTD, 20/467, VKK MENON ROAD, KALLAI, CALICUT. BY PUBLIC PROSECUTOR SRI.P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1724 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-06-2008 ORDER Petitioner who is the complainant in C.C. No. 1116 of 2006 on the file of the Addl. Chief Judicial Magistrate Court (Economic Offences) which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 40,000/- challenges the order dated 31-1-2008 passed by the learned Magistrate dismissing the complaint under Sec. 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 case, notice to the 2nd respondent/accused in this Revision is dispensed with. 3. There might have been some laches on the part of the petitioner in paying the process fee. But the petitioner did not certainly deserve a dismissal of its complaint. The impugned order is accordingly set aside and C.C. No. 1116 of 2006 is restored to file. The petitioner shall appear before the Court below without any further notice on 26-6-2008 by which time the petitioner shall have taken all necessary steps for the further progress of the complaint. This Revision is disposed of as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.