IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Crl.Rev.Pet.No. 309 of 2009() ----------------------------- ST.2228/2008 of J.F.C.M. V, ERNAKULAM .................... REVN. PETITIONER(S): PETITIONER/COMPLAINANT ------------------------------------------- M/S.FASHION FABRICS, POST OFFICE, LINK ROAD, BROADWAY, ERNAKULAM A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER, DEEPAK N.RUPAREL, AGED 46 YEARS. BY ADV. SRI.S.R.DAYANANDA PRABHU RESPONDENT(S): ACCUSED ---------------------- 1. M/S.SONA APPARELS, PAINATH HOUSE, WEST CHALAKUDY THRISSUR, REPRESENTED BY ITS PROPRIETRIX MRS ANITHA JOSE, AGED 38 YEARS. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR OUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 309 of 2009 * * * * * * * * * * * * * * * * * * Dated, this the 12th day of February, 2009 ORDER The complainant in S.T. No. 2228 of 2008 on the file of the J.F.C.M. V, Ernakulam is the revision petitioner. The complaint was filed under Sec. 138 of the Negotiable Instruments Act, 1881 and was originally instituted before the Chief Judicial Magistrate Court, Ernakulam. It was subsequently transferred to the J.F.C.M. V, Ernakulam. The learned Magistrate has as per the impugned order dated 17-10-2008 dismissed the complaint under Sec. 204 (4) Cr.P.C. for the reason that process fee has not deposited. The petitioner has a grievance that process fee had been deposited along with the complaint. At any rate, the petitioner did not deserve a dismissal of the complaint for the aforesaid reason. The learned Magistrate ought to have given the petitioner an opportunity to remit the process fee, in case, no process fee was deposited. Accordingly, the impugned order is set aside and S.T. No. 2228 of 2008 shall stand restored to file and shall be disposed of in accordance with law. The petitioner shall appear before the court Crl.r.P. No. 309 of 2009 -:2:- below without any further notice on 26-2-2009 by which time he shall be ready for the further progress of the complaint. Since the dismissal was at the pre-cognizance stage, notice to the accused is dispensed with in this Revision. Dated this the 12th day of February, 2009. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.