IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.Rev.Pet.No. 1830 of 2008() ------------------------------ CC.508/2005 of JUDL.MAGISTRATE OF FIRST CLASS, ETTUMANUR .................... REVN. PETITIONER: COMPLAINANT ----------------------------- 1. V.GOKULAN NAIR, ULANNOOR HOUSE S.H.MOUNT POST, KOTTAYAM 2. ANIL KUMAR, ULANNOOR HOUSE, S.H.MOUNT POST, KOTTAYAM BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ACCUSED AND NOT PARTY ---------------------------------- 1. ANIL KUMAR ULANNOOR HOUSE S.H.MOUNT POST KOTTAYAM 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1830 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-06-2008 ORDER Petitioner who is the complainant in C.C. 508 of 2005 on the file of the J.F.C.M. which is a prosecution under Sec. 139 of the Negotiable Instruments Act, involving a cheque for Rs. 15,000/- challenges the order dated 8-4-2008 passed by the Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. for failure to take steps in spite of several adjournments. Since the complaint was dismissed by the learned Magistrate even before the appearance of the accused, notice to the first respondent/accused is dispensed with in this Revision.There might have been some laches on the part of the complainant in not taking the necessary steps. But he certainly did not deserve the dismissal of his complaint. Accordingly, C.C. No. 508 of 2005 on the file of the J.F.C.M. II, Ettumanoor is restored to file . 2. The petitioner shall appear before the learned Magistrate without any further notice on 26-6-2008 by which time he shall have taken the necessary steps for the further progress of the complaint. This Crl.R. P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.