IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3505 of 2010() ------------------------------------------ ( IN S.T. NO. 74/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOLLAM) ---------------------- REVN. PETITIONER(S)/ COMPLAINANT ------------------------------------------------------- SUNIL, KOCHUKAVANATTU VEEDU, THIRUMULLAVARAM.P.O., KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): ------------------------- 1. SHYLENDRA NATH, MANAGING PARTNER, M/S.ASSOCIATED BUILDERS, K.J.S.COMPLEX, R.C.ROAD, CALICUT-673 032. 2. M/S.ASSOCIATED BUILDERS, K.J.S.COMPLEX, R.C.ROAD, CALICUT-673 032. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. ....................................... Crl.R.P. No.3505 of 2010 ........................................ Dated this the 30 th day of November, 2010 O R D E R The petitioner, who is the complainant in S.T. No.74/2008 on the file of the J.F.C.M-III, Kollam in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of `5,00,000/- (Rupees five lakhs only), challenges the order dated 22.07.2010 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.74/2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 22.12.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 30th day of November, 2010. V. RAMKUMAR, JUDGE. sj