IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3298 of 2010() -------------------------------------------- STC.2916/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONER(S): COMPLAINANT ------------------------------------------------------ P.MAMMU, S/O.MOIDEEN, PALANGOTTU HOUSE, PAMBURUTHY, P.O.NARATH, KANNUR. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): ACCUSED & STATE ------------------------------------------------------ 1. DRIVER MANI @ RADHAKRISHNAN, S/O.PRABHAKARAN, LORRY DRIVER, ANCHANATTU HOUSE, MANAKKADAVU P.O., KANNUR DISTRICT-670571. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ....................................... Crl.R.P. No. 3298 of 2010 ........................................ Dated: 3rd December, 2010 O R D E R The petitioner, who is the complainant in S.T. No. 2916 of 2009 on the file of the J.F.C.M. II, Kannur in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.40,000/- challenges the order dated 17-7-2010 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. However, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No.2916 of 2009 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 10-01-2011 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 3rd day of December, 2010. V. RAMKUMAR, JUDGE. ani/