IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.Rev.Pet.No. 159 of 2010() ----------------------------- CC.476/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER: PETITIONER/ COMPLAINANT:- -------------------------------------------------------- ANCHILLATH ALIYUMMA, AGED 62 YEARS W/O. LATE NALUPURAPATTIL MOIDEEN HAJI RESIDING NEAR ICE PLANT, THAIKADAPPURAM NILESWAR VIA, KASARAGOD DISTRICT. BY ADV. MR. M.RAMESH CHANDER MR. ANEESH JOSEPH RESPONDENTS:- ACCUSED & STATE:- ------------------------------------------- 1. NALUPURAPATTIL ABDULRAHIMAN AGED 64 YEARS,S/O.,C.H.MUHAMMEDKUNHI,RESIDING AT MARKET, NILESHWAR POST, NILESWAR VILLAGE, HOSDURG TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 159 of 2010 ====================== Dated this the 13th day of January, 2010. O R D E R The petitioner, who is the complainant in C.C. No.476 of 2009 on the file of the Judicial First Class Magistrate-II, Hosdurg in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.2,00,000/-, challenges the order dated 13.11.2009 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. 476 of 2009 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 13.02.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 13th day of January, 2010. V. RAMKUMAR, JUDGE. rv