IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Crl.Rev.Pet.No. 4023 of 2009() ------------------------------ CC.2832/2007 of JUDICIAL FIRST CLASS MAGISTRATE - IV, KOCHI .................... REVN. PETITIONER/COMPLAINANT:- ---------------------------------------- M/S.MUTHOOT LEASING AND FINANCE LTD., NOW RENAMED AS MUTHOOT VEHICLE ASSETS AND FINANCE LTD., REPRESENTED BY THE POWER OF ATTORNEY HOLDER BABY SUJATHA, D/O.M.R.VALSON, AGED 30 YEARS, RESIDING AT SAISURAJ, CUSTOMER'S COLONY,HOUSE NO.25,THAMARASSERY ROAD, POONITHURA P.O., TRIPUNITHURA BY ADV. MR. C.S.MANILAL RESPONDENTS/ACCUSED AND STATE:- -------------------------------------------- 1. SABU JOSEPH, PALAKKATHADATHIL HOUSE, ELAMKULAM, KOCHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 4023 of 2009 ====================== Dated this the 7th day of January, 2010. O R D E R The petitioner, who is the complainant in C.C. No.2832 of 2007 on the file of the Judicial First Class Magistrate-IV, Kochi in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.1,54,000, challenges the order dated 26.10.2009 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. However, the petitioner did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No.2832 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 01.02.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 7th day of January, 2010. V. RAMKUMAR, JUDGE. rv