IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Crl.MC.No. 1207 of 2008() ------------------------- M.P.NO.3265/2007 ON THE FILE OF THE C.J.M, ERNAKULAM PETITIONER: COMPLAINANT ---------------------------------------------- M.P. JAYASREE, W/O.DAMODARAN NAIR SABARI, 35/1872, SOUTH JANATHA ROAD PALARIVATTOM, KOCHI-25. BY ADV. SRI.A.B.JALEEL RESPONDENTS: ACCUSED ---------------------------------------- 1. P.Y. ASHRAF, PAINAYIL GIFT HOUSE T.B. JUNCTION, MOOVATTUPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1207 of 2008 = = = = = = = = = = = = = = Dated this the 19th day of March, 2008 ORDER The petitioner who is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 had filed the privated complaint before the Chief Judicial Magistrate along with a petition(CMP No.3265/2007) to condone the delay in filing the complaint. The said petition was dismissed for default as per the impugned order dated 26.07.07. 2. It is true that there has been some latches on the part of the complainant. But she certainly did not deserve any dismissal, particularly when the cheque amount is Rs.1 lakh. The order dated 26.07.07 in CMP No.3265/2007 is accordingly set aside and the said CMP shall stand restored to file. The petitioner shall appear before the court below on 10.04.08, without any further notice. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj