IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.Rev.Pet.No. 3474 of 2008(E) ------------------------------- CC.633/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... REVN. PETITIONER/COMPLAINANT: --------------------- M/S.TRINITY TRADING, LAKSHMI HOUSE, ISLAND, COCHIN, A REGISTERED PARTNERSHIP FIRM REP: BY ITS PARTNER P. BHAVADASAN (DAS) BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S)/ACCUSED: --------------- 1. K.M. JIM, KANNANKATTIL HOUSE, ASHTAMICHIRA P.O., THRISSUR. 2. STATE OF KERALA REP: BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R2 SRI.M.H.HANIL KUMAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3474 OF 2008 ------------------------------------------ Dated this the 24th day of October, 2008 O R D E R Learned counsel appearing for petitioner and learned counsel appearing for first respondent were heard. The complaint was dismissed on 20.2.2006 for the failure of the petitioner to take steps. Though the order does not show what was the steps, evidently it is non production of the stamped envelope necessary to issue summons to the accused. In the interest of justice, petitioner is to be granted an opportunity to have a decision on merits. Accused has now appeared in this case. Hence the order dated 20.2.2006 dismissing the complaint under section 204 of Code of Criminal Procedure is set aside. C.C.633 of 2001 is restored to file. As first respondent has now appeared, parties are directed to appear before Judicial First Class Magistrate, Ernakulam on 26.11.2008. Magistrate to dispose the complaint in accordance with law. M. SASIDHARAN NAMBIAR, JUDGE Okb/-