IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.Rev.Pet.No. 186 of 2010() ----------------------------- CMP.2196/2003 of THE MUNSIFF MAGISTRATE COURT, SASTHAMKOTTAH .................... REVN. PETITIONER(S): PETITIONER ------------------------------- SURESH KUMAR, SANTHALAYAM VEEDU, VENGA MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): RESPONDENTS -------------------------- 1. S. REGHUNATHAN, CANTEEN MANAGER, HEAD POST OFFICE, KOLLAM, FROM KAIKKALATH HOUSE, MANAPPALLY.P.O, THAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.R.JAYAKRISHNAN SRI.BRIJESH MOHAN FOR R1 SMT.RESMI G. NAIR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P. No.186 of 2010 = = = = = = = = = = = = = Dated: 14.01.2010 O R D E R Heard both sides. 2. The petitioner, who is the complainant in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs. 50,000/-, challenges the order dated 21.5.2004 passed by the learned Magistrate dismissing the complaint for the absence of the petitioner/complainant. 3. Evidently the dismissal of the complaint under Section 203 Cr.P.C is illegal, since the complaint cannot be dismissed at the threshold by invoking Section 203 Cr.P.C. Dismissal under Section 203 Cr.P.C. can be had only after taking cognizance. Here the learned Magistrate has not taken cognizance of the offence. Such being the position, the impugned order cannot be sustained and is set aside. C.M.P.No.2196 of 2003 shall stand restored to file of the J.F.C.M, Sasthamkottah, who shall dispose of the same in accordance with law. The parties shall appear before the court below, without any further notice, on 08.02.2010. Dated this the 14 th day of January, 2010. V. RAMKUMAR, JUDGE. sj