IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.Rev.Pet.No. 2644 of 2008() ------------------------------ AGAINST THE ORDER DATED 15/07/2008 IN ST.2429/2007 IN CMP.1107/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER/ACCUSED: ------------------------------------------------ SHINENATH SWAMINATH, VIDYABHAVAN, PANDALAM P.O., PATHANAMTHITTA DISTRICT PIN 689 501. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENTS/ STATE & COMPLAINANT: -------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJU.P., PULLANAPPALLIL HOUSE, KUDAMALOOR P.O., KOTTAYAM. BY PUBLIC PROSECUTOR SRI. P.RAVINDRA BABU. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J ============== Crl.R.P.No. 2644 OF 2008 ==================== Dated this the 7th day of August, 2008. O R D E R Petitioner who is the accused in S.C.No.2429/07 which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for an amount of Rs.12,65,000/-, challenges the order dated 16.7.2008 whereby the learned Magistrate dismissed the petition filed by the revision petitioner as C.M.P.No.1107/08, seeking to reopen the defence evidence after the case was posted for arguments. The learned Magistrate has, inter alia, observed that the petition filed by the petitioner was incomplete and therefore not maintainable in law. The petition was accordingly rejected with liberty to file a fresh petition after rectifying the defects pointed out. When such a liberty has been given to the petitioner, he ought to have filed a proper petition complete in all respects. Without prejudice to the right of the petitioner to file a proper petition, this revision is dismissed. V.RAMKUMAR, JUDGE bkn/-