IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Crl.Rev.Pet.No. 897 of 2009() ----------------------------- ST.649/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER(S): ------------------------------------ THE MANAGER, KERALA STATE CO-OPERATIVE BANK LTD. BRANCH PALAYAM, TRIVANDRUM. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S): ------------------------ 1. N.PRADEEP KUMAR, TC 28/633 CPRA 169 SARADALAYAM, PUNNAPURAM, PETTAH, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P.No.897 of 2009 = = = = = = = = = = = = = Dated: 12.03.2009 O R D E R The petitioner, who is the complainant in S.T. No.649 of 2005 on the file of the Addl.Chief Judicial Magistrate, Thiruvananthapuram in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.50,000/- challenges the order dated 31.5.2008 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. 649 of 2005 on the file of the Addl.Chief Judicial Magistrate, tvm shall stand restored to file. The petitioner shall appear before the Court below, without any further notice on 6.4.2009 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 12h day of March, 2009. V. RAMKUMAR, JUDGE. sj