IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3785 of 2010() ----------------------------- CMP.2482/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-II, MANANTHAVADY .................. PETITIONER / COMPLAINANT: -------------------------------------------- VINOD K.J., KATTIPARAMBIL VEEDU, NEAR GOVERNMENT HIGH SCHOOL, MANANTHAVADY. BY ADVS. SRI.C.C.ABRAHAM SMT. REENA ABRAHAM RESPONDENT / ACCUSED: -------------------------------------- 1. SUBAIR U.K., OOKINI VEEDU, THODUPUZHA P.O., MUTHALAKODAMKARA, IDUKKI – 685 584. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – 31. R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ....................................... Crl.R.P.No.3785 of 2010 ........................................ Dated this the 21 st day of December, 2010 O R D E R The petitioner, who is the complainant in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of `16,000/- (Rupees sixteen thousand only) challenges the order dated 25.9.2010 passed by the learned Magistrate dismissing the complaint under Section 203 Cr.P.C. 2. Even before taking cognizance of the offences by proceeding under Chapter XV Cr.P.C, the Magistrate could not have dismissed the complaint under Section 203 Cr.P.C., since that provision will enable the Magistrate to dismiss the complaint only at the post cognizance stage and not at the pre-cognizance stage. It may be true that the complainant was absent on one or two days,. However, he did not deserve a dismissal of his complaint and that too under Section 203 Cr.P.C.. Accordingly, the impugned order is set aside and C.M.P.No.2482/2010 shall stand restored to file and shall be disposed of in accordance with law. The petitioner shall appear before the Court below on 20.01.2011 without any further notice. Dated this the 21 st day of December, 2010. V. RAMKUMAR, JUDGE. sj