IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.Rev.Pet.No. 627 of 2008 ----------------------------- CMP.4000/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER: COMPLAINANT: ------------------------------ A. BABU, TC.79/586, ASWATHY MANDIRAM, KARIKKAKOM, BEACH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: STATE: ------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PORSECUTOR PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 627 of 2008 = = = = = = = = = = = = = = Dated this the 29th day of February, 2008 ORDER Petitioner, who is the complainant in a proceedings under Section 138 of the Negotiable Instruments Act, 1881, challenges the order dated 20-11-2007 passed by the Additional Chief Judicial Magistrate, Thiruvananthapuram dismissing the complaint filed by the complainant. The learned Magistrate has dismissed the complaint even without taking cognizance of the complainant. Even if there has been some laches on the part of the complainant in not appearing before the court below, he certainly did not deserve an order of dismissal of the complaint. Hence the impugned order is set aside and C.M.P.No.4000/2007 shall stand restored to file. The petitioner shall appear in person before the learned Magistrate on 19-3-2008 for the purpose of giving sworn statement and for the purpose of further progress of the complaint. In case cognizance is taken and process issued, he shall pay the necessary process fee. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.