IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.Rev.Pet.No. 122 of 2010() ----------------------------- CC.66/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... REVN. PETITIONER(S): -------------------------------------- ABDUL HAMEED, S/O.LATE MOIDEEN AGED 44 YEARS, VALAPARAMBIL, VELIMUKKU SOUTH POST, VELIMUKKU, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KALIKAVU POLICE STATION, MALAPPURAM DISTRICT. 2. T.KUNHIMOHAMMED, S/O.UNNIMOIDEEN, TECHIYODAN, SAMBIYAKKAL, PULLANGODE POST, KALIKAVU, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR B.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P. No.122 of 2010 = = = = = = = = = = = = = Dated: 11.01.2010 O R D E R The petitioner, who is the complainant in C.C.No.66 of 2009 on the file of the J.F.C.M-II, Parappanangadi in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs. 4,00,000/- challenges the order dated 26.11.2009 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, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C No.66 of 2009 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 1.2.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 11h day of January , 2010. V. RAMKUMAR, JUDGE. sj