IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.Rev.Pet.No. 4433 of 2006(D) ------------------------------- CC.640/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER: COMPLAINANT: ---------------------------------------------------------------- SUSEELAN C., S/O. CHELLAPPAN PILLAI, CHITHIRA VEEDU, AYIRAM THENGU CHERRY, KOOTTIKKADA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: ACCUSED: -------------------------------------------- PRADEEP KUMAR, S/O.DAMODARAN PILLAI, KANJIRAM VILA, THEKKUMKARA PULLICHIRA, KOLLAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.4433 of 2008 = = = = = = = = = = = = = = 19.08.2008 ORDER The petitioner, who is the complainant in C.C.No.640 of 2003 on the file of the J.F.C.M-II, Kollam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.75,000/- challenges the order dated 21.2.06 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. There might have been some latches 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.640 of 2003 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 1.9.2008, by which time he shall have taken steps for the further progress of the complaint. Dated this the 19 th day of August, 2008. V. RAMKUMAR, JUDGE sj