IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.Rev.Pet.No. 2920 of 2008() ------------------------------ CC.184/2005 of J.F.C.M. I, KOTHAMANGALAM .................... REVN. PETITIONER: COMPLAINANT ----------------------------- KUNJU KUNJU PAULOSE, RESIDING AT ATHITHOTTATHIL HOUSE, KOTHAMANGALAM TALUK, KUROOR KARA. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENTS: ACCUSED -------------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBRAHMANNIAN, AGED ABOUT 43 YEARS, S/O.NARAYANAN RESIDING AT KONOTHUKUDY HOUSE, PARAPPURAM, KANJOOR VILLAGE. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2920 of 2008 = = = = = = = = = = = = = = 01-09-2008 ORDER The petitioner, who is the complainant in C.C. No. 184 of 2005 on the file of the J.F.C.M. I, Kothamangalam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs. 70,000/- challenges the order dated 20-5-2008 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 latches 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. 184 of 2005 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 22-09- 2008 by which time he shall have taken all steps for the further progress of the complaint Dated this the Ist day of September , 2008. V. RAMKUMAR, JUDGE Crl.R.P.No. of 2008 2