IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.Rev.Pet.No. 1147 of 2008() ------------------------------ AGAINST THE ORDER DATED 04/01/2008 IN CC.NO. 21/2008 IN CRMP.8867/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER: ACCUSED: ------------------------------------------------------ NISSAR, S/O.ABDUL KHADER, HOUSE NO.128, SOUMYA MANZIL, CHANGANACHERRY P.O., THRIKODITHANAM VILLAGE, CHANGANACHERRY TALUK. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: STATE AND COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED, S/O. BEERAN HAJI, PUTHIYAVEETTIL HOUSE, CHENTHRAPPINI VILLAGE, KODUNGALLOOR TALUK. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1147 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of March, 2008 ORDER Revision petitioner, who is the accused in C.C.No.21/2008 on the file of the J.F.C.M, Kodungallur, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, challenges the order dated 4.1.08 passed the learned Magistrate condoning the delay of 35 days in filing the complaint on the ground of illness of the complainant. 2. The contention of the petitioner that his objections were not referred to in the impugned order and that no evidence was adduced by the complainant etc. cannot be entertained, since the Magistrate was inclined to hold that there is no sufficient ground to condone the delay. The discretion exercised by the learned Magistrate cannot be faulted. I see no ground to interfere with the impugned order passed by the learned Magistrate. Accordingly, this revision petition is dismissed. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge