IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Crl.Rev.Pet.No. 1117 of 2008() ------------------------------ CC.54/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER: COMPLAINANT: ---------------------------------------- M/S. BENHUR TRADES & INVESTMENTS PVT. LTD., REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, K.B.PRAKASH KUMAR. BY ADV. SMT.P.A.REZIYA RESPONDENTS: STATE: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No.1117 of 2008 ========================== Dated this the 2nd day of April, 2008. ORDER The petitioner, who is the complainant in C.C. No. 54 of 2005 on the file of the Judicial First Class Magistrate-II, Kochi in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.2 lakhs, challenges the order dated 04.02.2008 passed by the said Magistrate dismissing the complaint under Section 204(4) Cr.P.C for failure to pay the process fee and also due to the absence of the complainant. 2. It is true that there has been some latches on the part of the complainant. But he certainly did not deserve dismissal of the complaint. The Magistrate should have been a little more indulgent. Accordingly, the impugned order is set aside and C.C. No. 54 of 2005 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 17.04.2008 by which time he shall have been done everything within his control for the further progress of the complaint. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv