IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.Rev.Pet.No. 2041 of 2008() ------------------------------ MP.3781/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: ------------------ M/S.PUNJAB NATIONAL BANK, BRANCH OFFICE, VYTTILA, ERNAKULAM, KOCHI-682019, REP.BY ITS BRANCH MANAGER. BY ADV. SRI.K.SURENDRA MOHAN RESPONDENTS: ------------- 1. K.RAJESH, PARCEL OFFICE, SOUTHERN RAILWAY, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2041 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of June, 2008 ORDER The petitioner, who was the complainant in a private complaint filed as MP No.3781 of 2007 under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.19,800/-, challenges the order dated 7.12.07 passed by the learned Magistrate dismissing the application filed as MP No.3781 of 2007 to condone the delay and consequently dismissing the complaint. 2. There might have been some latches on the part of the complainant in not taking steps to issue notice to the accused on the delay petition (MP No.3781/07). But he certainly did not deserve a dismissal of the petition and consequently rejection of his complaint. 3. Accordingly the impugned order is set aside and MP No.3781 of 2007 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 10.07.08, by which time he shall have taken all necessary steps for issuing notice to the accused on the delay petition. This Crl.R.P. is disposed of as above. Dated this the 26th day of June, 2008. V. RAMKUMAR, JUDGE sj