IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Crl.Rev.Pet.No. 1993 of 2009() ------------------------------ ST.1796/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER/COMPLAINANT: ----------------------------- SOMAN NAIR, SANGEETHA (VALLIYATHU HOUSE) ELANTHOOR P.O., PATHANAMTHITTA. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS/ACCUSED AND STATE: -------------------------------- 1. NANDAKUMAR S., UTHRATHIL HOUSE, CHENNITHALA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR : SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.1993 of 2009 --------------------------------------- Dated this 27th day of July 2009 ORDER Notice to respondent No.1 is dispensed with since the complaint was dismissed under section 204(4) of the Code of Criminal Procedure. Heard counsel for petitioner and Public Prosecutor who took notice for respondent No.2. 2. This revision is in challenge of order dated 06-02-2009 in S.T.No.1796 of 2007 of the court of learned Judicial Magistrate of First Class-1, Pathanamthitta dismissing the complaint for offence punishable under section 138 of the Negotiable Instruments Act for absence of petitioner and since he had not taken steps. It is submitted by learned counsel that the case came for hearing on 09-09-2008 on which day steps were ordered and the case was posted on 06-02-2009. Since the clerk of advocate mistakenly noted the hearing date there happened to be no appearance on 06-02-2009. The cheque involved in the case is for Rs. 3 lakh and odd. I am not inclined to think that non appearance on 06-02-2009 was willful. Hence I am inclined to give petitioner an opportunity to prosecute the complaint further by taking necessary steps. Resultantly this revision petition is allowed and the order under challenge is set aside. Case is remitted to the court below for disposal Crl.R.P.No.1993 of 2009 2 in accordance with law after giving petitioner an opportunity to take necessary steps. Petitioner shall appear in the trial court on 27-08-2009. THOMAS P JOSEPH, JUDGE Sbna/