IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.Rev.Pet.No. 2442 of 2008() ------------------------------ S.T. NO. 359 OF 2008 OF THE J.F..CM. V, ERNAKULAM REVN. PETITIONER: COMPLAINANT ----------------------------- M/S. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., (KSIDC), CHOICE TOWERS, MANORAMA JUNCTION,COCHIN-682016 REP. BY ITS MANAGER (LEGAL) V.R. USHA. BY ADV. SRI.N.S.MOHAMMED USMAN RESPONDENTS: ACCUSED AND STATE ------------------------------ 1. M/S. HYRANGE WOOD TREATS (P) LTD., KEERAMPARA.P.O, KOTHAMANGALAM, ERNAKULAM, REP. BY MANAGING DIRECTOR A.P. KURIAKOSE. 2. A.P. KURIAKOSE, MANAGING DIRECTOR, M/S. HYRANGE WOOD TREATS (P) LTD., ASSARIKUDIYIL HOUSE, KEERAMPARA.P.O, KOTHAMANGALAM. 3. M.P. PAULOSEKUTTY, DIRECTOR, M/S. HYRANGE WOOD TREATS (P) LTD., MANJUMMEKUDIYIL HOUSE, KEERAMPARA.P.O, KOTHAMANGALAM. 4. K.K. DANCY, DIRECTOR, M/S. HYRANGE WOOD TREATS (P) LTD., MANJAYIL HOUSE, KEERAMPARA.P.O, KOTHAMANGALAM. 5. MATHAIKUNJU.M.P, DIRECTOR, M/S. HYRANGE WOOD TREATS (P) LTD., MANJUKMMEKUDIYIL HOUSE, KEERAMPARA.P.O, KOTHAMANGALAM. 6. SHANY ALIAS, DIRECTOR, M/S. HYRANGE WOOD TREATS (P) LTD., MANJAYIL HOUSE, KEERAMPARA.P.O, KOTHAMANGALAM. 7. BEENA JOSEPH, DIRECTOR, M/S. HYRANGE WOOD TREATS (P) LTD., ONATTUPARAMBIL HOUSE, KEEZHILLAM.P.O, PERUMBAVOOR. 8. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 2442 of 2008 * * * * * * * * * * * * * * * * * * Dated: 22-07-2008 ORDER Petitioner who is the complainant in S.T. No. 359 of 2008 on the file of the J.F.C.M. V, Ernakulam, which is a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 50,000/- challenges the order dated 16-4-2008 passed by the Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. for the non-appearance of the complainant and its counsel and for failure to take steps. 2. There might have been some laches on the part of the petitioner. But the petitioner certainly did not deserve dismissal of its complaint. The impugned order is accordingly set aside and S.T. No. 359 of 2008 on the file of the J.F.C.M.V, Ernakulam shall stand restored to file. The petitioner shall appear before the Magistrate without any further notice on 7-8-2008 by which time the petitioner shall have taken all necessary steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. Dated this the 22nd day of July 2008. V. RAMKUMAR, (JUDGE) ani.