IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.Rev.Pet.No. 1070 of 2008() ------------------------------ STC.1343/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... REVN. PETITIONER: COMPLAINANT: ------------------------------ P.M.SUDHA, W/O.RAVEENDRAN, V.N.H.COLONY, KARIMBAM P.O., TALIPARAMBA, KANNUR DISTICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: PETITIONERS: ------------------------- 1. K.N.POORNIMA, W/O.KOYYAM NARAYANAN, MAVILA CHATHOTH, PARAKKADI, KOYYAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1070 of 2008 * * * * * * * * * * * * * * * * * * Dated: 04-04-2008 ORDER Petitioner who is the complainant in S.T.C. No. 1343 of 2004 on the file of the J.F.C.M. Court, Taliparamba which is a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 10,50,000/- challenges the order dated 3-3-2008 passed by the Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. for non-payment of process fee for issuing non-bailable warrants against the accused who had absconded just before his examination under Sec. 313 Cr.P.C. 2. There may be some laches on the part of the petitioner in not remitting the process fee. But he certainly did not deserve dismissal of his complaint, particularly, when the cheque amount is for a sum exceeding Rs. 10,00,000/-. The impugned order is, accordingly, set aside and S.T.C. No.1343 of 2004 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 21-4-2008 by which time he shall have remitted the necessary process fee and done everything within his control for the further progress of the complaint. V. RAMKUMAR, (JUDGE) ani.