IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Crl.Rev.Pet.No. 71 of 2008() ---------------------------- ST.710/2006 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER: REV. PETITIONER/COMPLAINANT --------------------------------------------- BIJESH, S/O. KUTTAN, MANGATTIL HOUSE, PALUSSERY VILLAGE, THRISSUR DIST. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENTS: ACCUSED -------------------- 1. STATE OF KERALA, REP. BY DIRECTOR GENERAL OF PROSECUTION, ERNAKULAM. 2. ALPHONSA, W/O. ABRAHAM, THALAKODAN HOUSE, NIRANJANA ROAD, NEAR E.S.I. HOSPITAL, EDAKKUNNI VILLAGE, THRISSUR DIST. (OLLUR POLICE STATION). BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.71 of 2008 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R This revision petition is directed against an order dismissing a complaint filed under Section 138 of the Negotiable Instruments Act, under Section 204(4) Cr.P.C on the ground that steps were not taken on the appointed day. The complaint was filed in 2006. Cognizance was taken and the same was posted to 09/08/2006. When the matter came up, it was noted that the complainant has not taken any steps. 2. The learned counsel for the petitioner submits that the omission to take steps was not wilful or intentional and happened for reasons beyond the control of the petitioner. He prays that leniency may be shown and the petitioner may be granted an opportunity to prosecute his complaint. He shall take all necessary steps before the next date of posting, it is submitted. 3. Having considered all the relevant inputs, I am satisfied that a lenient view can be taken and the petitioner can be granted a further opportunity to prosecute his complaint. Crl.R.P.No.71/08 2 4. In the result: a) This revision petition is allowed. b) The impugned order is set aside. c) The learned Magistrate is directed to dispose of the complaint afresh in accordance with law. d) The petitioner shall appear before the learned Magistrate on 01/03/2008 to continue the proceedings. The petitioner shall take all necessary steps for issue of process on or before that date. (R.BASANT, JUDGE) jsr Crl.R.P.No.71/08 3 Crl.R.P.No.71/08 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006