IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Crl.Rev.Pet.No. 814 of 2010() ----------------------------- CC.201/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVISION PETITIONER/COMPLAINANT:- -------------------------------------------- JOHNNIE CORREYA, AGED 54, S/O.LATE PETER CORREYA, AMBAT HOUSE, 43/1687, SRM ROAD, PACHALAM P.O., KOCHI-12. BY ADV. MR. K.C.ELDHO RESPONDENTS/ACCUSED & STATE:- ----------------------------------------- 1. S.DHARMARAJ IYER, AGED 56, S/O.SUBRAMANYA IYER, SREE LAKSHMI HOUSE, KADUNGALLOOR ROAD, THOTTEKKATTU KARA P.O., ALWAYE, WORKING AT FEDERAL BANK LIMITED, ANGAMALY BRANCH, ANGAMALY-683 572. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No.814 of 2010 ====================== Dated this the 5 th day of March, 2010. O R D E R The petitioner, who is the complainant in C.C. No.201 of 2007 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.1,00,000/-, challenges the order dated 15.10.2009 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 C.C. No.201 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 29.03.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 5th day of March, 2010. V. RAMKUMAR, JUDGE. -:2:- rv