IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Crl.Rev.Pet.No. 1176 of 2010() ------------------------------ ST.577/2008 OF JFCM-V, ERNAKULAM .................... REVN. PETITIONER(S): REVISION PETITIONER/COMPLAINANT ------------------------------------------------------------------------------------------------------ P.V.RAJEEV MENON, AGED 36, S/O.VASUDEVAN NAIR,C.C.NO.39/2679, NIKERTHIL HOUSE, PALLYIL LANE, KOCHI 682 016. BY ADV. SRI.B.RAMACHANDRAN SMT.K.B.REKHA SMT.NIMISHA ARUN RESPONDENT(S): ----------------------------- 1. MOHAN KUMAR, AGED ABOUT 40 YEARS, S/O.RADHAKRISHAN, LAZZA ICE CREAM COMMISSIOIN AGENT, HOUSE NO.4693(POST NO.40/8) EAST SIDE ROAD OF ATHANI JUNCTION, KOCHI-682 030. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No.1176 of 2010 ====================== Dated this the 5 th day of April, 2010. O R D E R The petitioner, who is the complainant in S.T. No.577 of 2008 on the file of the J.F.C.M-V, Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.80,000/-, challenges the order dated 20.07.2009 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.577/2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 22.04.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 5th day of April, 2010. V. RAMKUMAR, JUDGE. sj