IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.Rev.Pet.No. 301 of 2009() ----------------------------- CC.1046/2006 ON THE FILE OF THE J.F.C.M-VI, THIRUVANANTHAPRUAM .................... REVN. PETITIONER(S): REVISION PETITIONER/COMPLAINT:- -------------------------------------------------------------------------------------------------- LALITHA, W/O. SASIDHARAN, PANYIL, VEEDU,KANANMOOLA, THIRUVANANTHAPRUAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. BABY,MANAGER, SWAMIJI, THEATRE, CHIRAYANKEEZHU, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN SRI.J.JAYAKUMAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = = = = Crl.R.P. No.301 of 2009 = = = = = = = = = = = = = = = = = = = = = Dated, this the 13th day of February, 2009. ORDER The petitioner, who is the complainant in C.C.No.1046 of 2006 on the file of the J.F.C.M-VI, Thiruvananthapuram, in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.25,000/-(Rupees twenty five thousand only) challenges the order dated 26.10.07 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, she did not deserve a dismissal of her complaint. Accordingly, the impugned order is set aside and C.C.No.1046 of 2006 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 27.2.09 by which time she shall have taken all steps for the further progress of the complaint. Dated this the 13 th day of February, 2009. V. RAMKUMAR, JUDGE sj ani.