IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 15TH FEBRUARY 2007 / 26TH MAGHA 1928 Crl.Rev.Pet.No. 708 of 2007() ----------------------------- CMP.232/2006 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: ------------------ P.SURENDRAN PILLAI, PROPRIETOR, LEKSHMI AGENCIES, XII/831, VIKAS ROAD, KARUVELIPPADY, KOCHI-5 BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. O.P.RAPHEL, S/O PYLEE, OLATTUPURATHU, MUNAMBAM, PALLIPPURAM, ERNAKULAM. BY PUBLIC PROSECUTOR C.M. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- CRL.R.P.No.708 of 2007 --------------------------------------------- Dated this the 15th day of February, 2007 ORDER Revision petitioner, the complainant had instituted proceedings under Section 138 of the Negotiable Instruments Act. There was a delay of 73 days in filing the complaint. He has filed an application seeking to condone the delay and also filed an affidavit reciting the reasons in support. The court below has just dismissed the above application without mentioning any reason. Hence the revision petition is filed before this court. 2. In the circumstances, the order in C.M.P.No.232/2006 and order in C.M.P.No.233/2006 are hereby set aside. The court below is directed to reconsider the matter and dispose of the same on merits. The revision petitioner shall appear before the court below on 6.3.2007. The Criminal Revision Petition is disposed of as above. K.R.UDAYABHANU, JUDGE csl K.R.UDAYABHANU, J S.A.No.709 of 1996 JUDGMENT 1st February, 2007