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. 3131 of 2010() ----------------------------- ST.212/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – IV, ERNAKULAM .................. REVISION PETITIONER / COMPLAINANT: ------------------------------------------------------------ PRABHIL KUMAR, S/O. UNNIKRISHNAN NAIR, MANGATTUPUTHENVEETTIL, CHAMRAVATTAM, PALLIPPURAM, TIRUR, MALAPPURAM. BY ADV. SRI.SHAIJAN C. GEORGE RESPONDENTS / ACCUSED& STATE: ---------------------------------------------------- 1. NANDAKUMAR, S/O. NARAYANAN NAIR, C.C.E.L/LXVI/540, MANGATTUPUTHENVEETTIL, MARIATHPARAMBIL, MATHAI MANJOORAN ROAD, PACHALAM. COCHIN-12. 2. STATE OF KERALA, REP. 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. 3131 of 2010 ........................................ Dated this the 9th day of December, 2010. O R D E R The petitioner, who is the complainant in S.T. No.212 of 2008 on the file of the Judicial First Class Magistrate-IV, Ernakulam in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.15,000/- challenges the order dated 17.07.2009 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 S.T. No.212 of 2008 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 9th day of December, 2010. V. RAMKUMAR, JUDGE. rv