IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.Rev.Pet.No. 2494 of 2008() ------------------------------ CC.1407/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, ` TRIVANDRUM .................... REVN. PETITIONER: ------------------ N. NATARAJAN, S/O. MANAS, THARATTAYILVILAKATHU VEEDU, NJARAVILLA, KATTAKKADA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.NISHIN GEORGE VIJAYABABU RESPONDENTS: ------------- 1. FRADI, S/O. CHELLAYYAN, PULLUVILAKATHU VEEDU, NANDAVANAM, MANGALAKKAL, KATTAKKADA.P.O, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2494 of 2008 = = = = = = = = = = = = = = Dated this the 28 th day of July, 2008 ORDER The petitioner, who is the complainant in C.C.No.1407/2007 on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.50,000/-, challenges the order dated 31.03.08 passed by the learned Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the absence of the petitioner/complainant as well as for the failure on the part of the petitioner to take steps. 2. There might have been some latches 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 C.C.No.1407/2007 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 11.08.08, by which time he shall have taken steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. Dated this the 28 th day of July, 2008. V. RAMKUMAR, JUDGE sj