IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.Rev.Pet.No. 674 of 2009() ----------------------------- CC.645/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER/ COMPLAINANT:- ----------------------------------------- M/S. LEO EMPORIUM, ST. ALBERTS HIGH SCHOOL LANE, MICHEL BUILDING, KOCHI -35, ERNAKULAM THE FIRM REPRESENTED BY THE POWER OF ATTORNEY HOLDER MR. ANTONY CHRISTOPHER FERNANDAZ. BY ADV. MS. S.K.DEVI MR. K.P.PRADEEP (PAYYANNUR) RESPONDENT: --------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 674 of 2009 ................................................ Dated this the 20th day of February, 2009. O R D E R The petitioner, who is the complainant in C.C. No. 645 of 2003 on the file of the Judicial First Class Magistrate-I, Kochi in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.15,000/- challenges the order dated 15.10.2004 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, it did not deserve a dismissal of its complaint. Accordingly, the impugned order is set aside and C.C. No 645 of 2003 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 16.03.2009 by which time the petitioner shall have taken all steps for the further progress of the complaint. Dated this the 20th day of February, 2009. V. RAMKUMAR, JUDGE. -:2:- rv