IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Crl.Rev.Pet.No. 765 of 2009() ----------------------------- CC.474/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER(S): --------------------- SHAJI P.V.,S/O. VARGHESE VARGHESE, MEMANA HOUSE, PULLAD P.O., PATHANAMTHITTA (FOREMAN MEMANA CHITS & FINANCIERS, PULLAD) BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. PUBLIC PROSECUTOR SRI. SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 765 of 2009 ................................................ Dated:26-02-2009 O R D E R The petitioner, who is the complainant in C.C. No. 474 of 2007 on the file of the J.F.C.M.I, Pathanamthitta, in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs. 35,145/- challenges the order dated, 2-2-2009 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. 474 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 16-03-2009 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 26th day of February, 2009. Sd/- V. RAMKUMAR, JUDGE. ani/ /true copy/