IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.Rev.Pet.No. 520 of 2008() ----------------------------- CRMP.9198/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM REVN. PETITIONER: COMPLAINANT ----------------------------- SYAM KUMAR, MANAGING DIRECTOR IDEAL SYSTEMS AND DEVICES, THEVALLY, KOLLAM. BY ADV. SRI.PRATHEESH. P RESPONDENTS: ACCUSED & STATE ---------------------------- 1. RAVIKUMAR, PUTHUVEETTIL VEEDU THIRUVATTA FINANCE, WEST KALLADA KOLLAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 520 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-02-2008 ORDER Petitioner who is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, involving a cheque for Rs. 4,500/- challenges the order dated 12-06-2006 passed by the Chief Judicial Magistrate, Kollam dismissing the complaint for default. 2. The impugned order does not say that there was failure on the part of the complainant to remit the process fee. Presence of the complainant also does not appear to have been insisted by the learned Magistrate. It is not clear whether the Magistrate had posted the case for recording the sworn statement of the complaint. The impugned order is, accordingly, set aside and C.M.P. No. 9198 of 2005 shall stand restored to file and shall be disposed of by the Chief Judicial Magistrate in accordance with law. The petitioner shall appear before the Chief Judicial Magistrate without any further notice on 17- 3-2008. This Crl.R.P is allowed as above. V. RAMKUMAR, (JUDGE) ani.