IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.Rev.Pet.No. 63 of 2009() ---------------------------- S.T.NO.1989 OF 2008 ON THE FILES OF THE JFCM, TIRUR REVN. PETITIONER(S): COMPLAINANT ---------------------------------------------------------------- SALEEM, S/O. KUNHIMUHAMMED, KAKKIDI VALLUVAN VALAPPIL HOUSE, PURATHUR AMSOM, TIRUR. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S): ACCUSED ------------------------------------------ 1. G.V. KUNHIMUHAMMED, DHARUL AMAN, KAIVALLIKKAL, P.O. PURATHUR, TIRUR, MALAPPURAM. 2. STATE OF KERALA, REP. BY THE HOME SECRETARY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P.No.63 of 2009 = = = = = = = = = = = = = Dated: 19.02.2009 O R D E R The petitioner, who is the complainant in S.T. No.1989 of 2008 on the file of the J.F.C.M, Tirur in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.5,00,000/- challenges the order dated 10.11.2008 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 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. 1989 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 10.03.09 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 19h day of February, 2009. V. RAMKUMAR, JUDGE. sj