IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Crl.Rev.Pet.No. 153 of 2008() ----------------------------- ST.883/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... REVN. PETITIONER: COMPLAINANT ----------------------------- SREEDESH,AGE 25 YEARS,S/O.SREEDHARAN OTTUPPILAKKOOR PARAMBA, PAALATH, KAKKODI. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: ------------- 1. BEERANKUTTY E.K. EDATHIKKANDI HOUSE,NADUVANNUR. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl. R.P. No. 153 OF 2008 ------------------------------------------------- Dated this the 24th day of January, 2008 ORDER This revision petition is directed against an order passed by the learned Magistrate dismissing a complaint filed by the petitioner under Sec.138 of the Negotiable Instruments Act invoking the powers under Sec.204(4) of the Cr.P.C. 2. The petitioner is the complainant. He had filed the complaint under Sec.138 of the N.I. Act. The complaint relates to a cheque for an amount of Rs.40,000/-, it is submitted. The complaint was taken on file on 7/9/07 and the case was posted to 13/11/07. The complainant was expected to take necessary steps for issue of notice/summons to the accused. According to the petitioner, he had taken all necessary steps on 11/9/07 as is revealed from Annexure-I memo. The case bore the number S.T.883/07. But, unfortunately, on account of incorrect Crl. R.P. No. 153 OF 2008 -: 2 :- understanding clerical error in Annexure-I, the number of the case was described as S.T.833/07. When the matter came up on 13/11/07, the learned Magistrate noted that the steps have not been taken on the ground that no process fee was paid. The petition was dismissed invoking the powers under Sec.204(4) of the Cr.P.C. 3. The learned counsel for the petitioner submits that the dismissal of the complaint is unfair and harsh. The matter was coming up for hearing on the first occasion. The petitioner had taken necessary steps also though there was a mistake in the number of the case shown in the memo. Even the learned Magistrate in the order only says that there was “no proper representation”. According to the petitioner, it was represented to the learned Magistrate that steps had been taken. 4. In any view of the matter, the learned counsel for the petitioner submits, that the interest of justice demands that the petitioner is given an opportunity to properly prosecute his case. Even if the reasons urged on merits are not sufficient, an indulgent further opportunity may be given to the petitioner to prosecute his case, submits the learned counsel for the Crl. R.P. No. 153 OF 2008 -: 3 :- petitioner. 5. The dismissal of the complaint was even before the accused had entered appearance and I am, in these circumstances, satisfied that the matter can be disposed of with the available materials without waiting for the appearance of the respondents/accused. 6. In the circumstances explained by the learned counsel for the petitioner, I am satisfied that a lenient view must be taken and the petitioner must be given an opportunity to prosecute his case. In coming to this conclusion, I take note of the fact that the complaint was coming up on the first occasion for appearance of the accused. I do note from Annexure-I that some steps, though not absolutely accurate, had been taken by the learned counsel for the petitioner. In any view of the matter, the petitioner is entitled to an indulgent further opportunity to properly prosecute his case, I am satisfied. 7. In the result: (a) This Crl. R.P. is allowed. (b) The impugned order is set aside. (c) The learned Magistrate is directed to dispose of the Crl. R.P. No. 153 OF 2008 -: 4 :- case fresh in accordance with law. (d) The petitioner shall appear before the learned Magistrate on 11/2/08 with a copy of this order. He shall take all necessary steps for issue of process to the accused on or before that date. 8. Hand over copy. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge