IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3729 of 2010() ---------------------------- CC.1076/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – VI, ERNAKULAM ................... REVISION PETITIONER /COMPLAINANT : ------------------------------------------------------------ M/S. J.R.G.SECURITIES LTD., JRG HOUSE, ASHOKA ROAD, KALOOR, KOCHI-17, REPRESENTED BY AUTHORISED REPRESENTATIVE MR.MANOJ KAMMATH. BY ADVS. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENTS / ACCUSED & STATE : ------------------------------------------------------ 1. V.O.SIVADASAN, LAKSHMI NIVAS, GOVINDAPURAM P.O., CALICUT-673 016. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ....................................... Crl.R.P. No.3729 of 2010 ........................................ Dated this the 9 th day of December, 2010 O R D E R The petitioner, who is the complainant in C.C.No.1076/2009 on the file of the J.F.C.M -VI, Ernakulam in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of `1,00,000/- (Rupees one lakh only) challenges the order dated 3.04.2010 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 C.C.No.1076/2009 on the file of the J.F.C.M -VI, Ernakulam shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 17.01.2011 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 9 th day of December, 2010. V. RAMKUMAR, JUDGE. sj