IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.Rev.Pet.No. 3330 of 2008() ------------------------------------------ ST.230/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT- IV, KOCHI. .................... REVN. PETITIONER: COMPLAINANT:- ------------------------------- BINOJ ASWATHY GOPI, S/O GOPI VISHWANATHAN, ASWATHY KOITHARA ROAD KADAVANTHARA, KOCHI -20. BY ADV. SRI.MANU ROY RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MR. SREENIVASAN YELLAPPA CHAKWALL, NO.3, AKSHYA, BASAPPA LAYOUT , SANJAY NAGAR, BANGALORE - 560 094, KARNATAKA STATE. PUBLIC PROSECUTOR SRI.C.M.NAZER THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3330 OF 2008 ............................................ DATED THIS THE 13th DAY OF OCTOBER, 2008 ORDER Petitioner is the complainant in S.T.230 of 2007 filed against second respondent alleging an offence under Section 138 of N.I.Act. As per order dated 30.7.2008, Judicial First Class Magistrate-IV, Kochi dismissed the complaint, under sub-section 4 of Section 204 of Code of Criminal Procedure for the failure to take steps. The order shows that when the case was taken up on 30.7.2008, petitioner was absent and there was no representation and the case earlier stood posted on 29.12.2007 and 30.6.2008 and petitioner has not taken steps and he might have abandoned the case. 2. Learned counsel appearing for petitioner was heard. The learned counsel submitted that on 10.7.2008, petitioner had taken steps by producing stamped envelope and without taking note of that fact, on the failure to make representation, complaint was dismissed and an opportunity is to be granted. Learned counsel also submitted that accused is not in India and he is wanted in several cases and the case was not abandoned by the petitioner as found by learned Munsiff and therefore an CRRP 3330/2008 2 opportunity is to be granted. 3. The complaint was dismissed under sub-section 4 of Section 204 of Code of Criminal Procedure for the failure of petitioner to take steps and that too, for the reason that complainant was absent and there was no representation. Case of petitioner is that his counsel had entrusted the matter with Advocate George to make representation but the said Advocate failed to make representation and it is for that reason, the case happened to be dismissed. 4. In the nature and circumstances of the case, interest of justice warrants that an opportunity is to be granted to the petitioner. Hence the order dismissing the complaint dated 30.7.2008 is set aside. S.T.230 of 2007 is restored to file. Learned Magistrate is directed to proceed with the case in accordance with law. Petitioner is directed to take steps as directed by learned Magistrate within ten days. M.SASIDHARAN NAMBIAR, JUDGE lgk/-