IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.Rev.Pet.No. 3408 of 2008() ------------------------------ CMP.7269/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOCHI .................... REVN. PETITIONER(S):COMPLAINANT: ---------------------------------------- RANJU THOMAS, S/O.K.G.STANLY, KOLLAMPARAMBIL HOUSE, THRIKKAKARA.PO, KAKKANADU, KOCHI-21. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.A.P.SHERI SRI.N.A.SHAFEEK RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZER THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3408 OF 2008 ------------------------------------------ Dated this the 23rd day of October, 2008 O R D E R Petitioner is the complainant in C.M.P.7269 of 2007 on the file of Judicial First Class Magistrate-II, Kochi. Complaint was filed alleging that the accused Mary Elizabeth committed an offence under section 138 of Negotiable Instruments Act. The complaint was not filed within time. C.M.P. 7270 of 2007 was filed to condone the delay of 75 days. Cognizance of the offence alleged in C.M.P.7269 of 2007, could be taken only on condoning the delay sought for in C.M.P.7270 of 2007. C.M.P. 7269 of 2007 was dismissed on 4.4.2008 on the ground that there was no representation and no steps was taken. Case of the petitioner is that steps was taken in C.M.P.7270 of 2007 and this fact was not taken note of by the learned Magistrate and petitioner was laid up with Chikunguniya and in such circumstances the dismissal of the complaint under section 204(4) of Code of Criminal Procedure was illegal. The learned counsel submitted that an opportunity to be granted to the CRRP3408/08 2 petitioner and he is prepared to take steps as directed by the learned Magistrate. In such circumstances in the interest of justice the order dated 4.4.2008 dismissing the complaint under section 204(4) of Cr.P.C. is set aside. C.M.P. 7269 of 2007 is restored to file. Learned Magistrate is directed to proceed with the compliant in accordance with law. Petitioner is directed to take steps within ten days from today. On failure, learned Magistrate is competent to dismiss the complaint. Revision is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-