IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.Rev.Pet.No. 2284 of 2008() ------------------------------ C.M.P. NO. 3614 OF 2007 OF THE J.F.C.M.I, ERNAKULAM REVN. PETITIONER: ------------------ MR. K.Y SADIK MOHAMMED,S/O BAVA YOUSAF KARIKANAMKUDIYIL HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, PROPRIETOR, M/S KYS MOTORS, KADATHI, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. SABU AUGUSTIAN, THE MANAGER, RETAIL ASSETS COLLECTIONS, HDFC BANK LTD., S.L. PLAZA, 4TH FLOOR, PALARIATTTOM, COCHIN. 2. SUJITH PRAKASH, ASSETS COLLECTIONS, HDFC BANK LTD., S.L. PLAZA, 4TH FLOOR, PALARIATTTOM, COCHIN. 3. MR.RAVI RAO, THE MANAGER, RETAIL ASSETSC OLLECTION, HDFC BANK LTD., TITANIC BUILDING, 26 A NARAYAN PROPERTIES, CHANDIVIL, ANDERI EAST, MUMBAI - 40072 4. MR. RAJA GOPAL RANGANTH,THE RECOVERY HEAD, COMMERCIAL VEHICLES,HDFC BANK LTD., TITANIC BUILDING, OPP.SAKI VIHAR ROAD, CANDIVILI, ANDHERI EAST,MUMBAI 400 072. 6. ADITHYAPURI, MANAGING DIRECTOR, H.D.F.C. BANK LTD., HEAD OFFICE ZANDOS HOUSE, DR. ANNY BESANT ROAD, WORLI, MUMBAI -18. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2284 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14-07-2008 ORDER Petitioner who was the complainant in a private complaint filed as CMP No. 3614 of 2007 alleging an offence punishable under Sec. 420 I.P.C., challenges the order dated 24-05-2008 passed by the Magistrate dismissing the complaint for the absence of the complainant and failure to represent the complainant . The learned Magistrate yet to take the sworn statement of the complainant. It is not clear whether he has decided to take cognizance of the offence in which case only the personal appearance of the complainant could be insisted. At any rate, the complaint could have been dismissed at the threshold since the power to dismiss the complaint under Sec. 203 can be exercised only after taking cognizance. For that reason also, the impugned order is not sustainable. Accordingly, the impugned order is set aside and C.M.P. No. 3614 of 2007 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 30-7-2008 by which time the petitioner shall have taken all necessary steps for the further progress of the case. V. RAMKUMAR, (JUDGE) ani.