IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3828 of 2010() ------------------------------------ STC.2002/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... REVN. PETITIONER(S): COMPLAINANT -------------------------------------------- KERALA STATE CO-OPERATIVE BANK LTD., PEROORKADA BRANCH, PEROORKADA, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. BY ADVS. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): ACCUSED AND STATE ---------------------------------------------- 1. BOVAN.B, RESIDING AT BOVAN COTTAGE, T.C.18/1213, THRIKKANNAPURAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ....................................... Crl.R.P. No. 3828 of 2010 ........................................ Dated: 20-12-2010 O R D E R The petitioner, who is the complainant in S.T. No. 2002 of 2008 on the file of the J.F.C.M. II, Thiruvananthapuram in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs. 1,42,000/-. challenges the order dated 25-09-2010 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. Crl.R..P. No. 3828 of 2010 -:2:- However, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No.2002 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 24-1- 2011 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 20th day of December, 2010. V.RAMKUMAR, JUDGE. ani/