IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.Rev.Pet.No. 1644 of 2008() ------------------------------------------- (C.C.NO.1876/2004 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, 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 RESPONDENT:STATE: ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================================== CRL.R.P. NO. 1644OF 2008 ====================================== Dated this the 28th day of May 2008 ORDER Petitioner, who is the complainant in C.C.1876/2004 on the file of the JFCM II, Kochi, in a prosecution under Section 138 of the Negotiable Instruments Act involving a cheque for a sum of Rs.82,040/-, challenges the order dated 25.8.2007 passed by the Magistrate dismissing the complaint under Section 204 Cr.P.C. for failure to take steps after furnishing the correct address of the accused. 2. Since the dismissal is before the service of process to the accused, notice to the accused in this revision is dispensed with. 3. No doubt, there has been some latches on the part of the petitioner in taking steps for the service of the accused in the above case. But, the complainant, certainly, did not deserve a dismissal of the complaint. The impugned order is, accordingly, set aside and C.C.1876/2004 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 16.6.2008, by which time the petitioner shall have taken all necessary steps for the further progress of the case. V.RAMKUMAR, JUDGE css/ CRL.R.P.1644/2008 2