IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.Rev.Pet.No. 458 of 2008() ----------------------------- ST.182/2007 of J.F.C.M- IV, KOCHI .................... REVN. PETITIONER: PETITIONER/COMPLAINANT ------------------------------------------------------------------------------- M/S.SIVASAKTHI INTERNATIONAL, 41/1842A, A.K.BUILDING, KATTIKARAN LANE, OPP.METALEX AGENCIES, TAB ROAD, ERNAKULAM, COCHIN-18, REP. BY ITS PRESENT MANAGER, V.S.ATHIYAMAN. BY ADV. SRI.R.PADMARAJ SRI.K.M.VIKAS SRI.ANTONY JOSEPH MARIDAS RESPONDENTS: ACCUSED ------------------------------------------- 1. SURABHI PUBLICATIONS, POST BOX NO.94, MUNCIPAL ARCADE, CHANGANASSERY. 2. BABU GEORGE, MANAGING PARTNER, SURABHI PUBLICATIONS, POST BOX NO.94, MUNCIPAL ARCADE, CHANGANASSERY. 3. JOS MATHEW, MANAGING PARTNER, SURABHI PUBLICATIONS, POST BOX NO.94, MUNCIPAL ARCADE, CHANGANASSERY. 4. STATE OF KERALA, REP. BY GOVT. PLEADER, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.458 of 2008 = = = = = = = = = = = = = = Dated this the 22nd day of February, 2008 ORDER The petitioner, who is the complainant in S.T.No.182/2007 on the file of the Judicial First Class Magistrate- IV, Kochi, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 in respect of two cheques challenges the order dated 24.10.07, dismissing the complaint under Section 204(4)Cr.PC. The complaint itself was filed in the year 2006 and reason given for dismissing the complaint is that no steps are seen taken for issuing summons to the accused and the complainant might have abandoned the case. 2. In as much as, the dismissal of the complaint was before issuing process to the accused, notice to the accused is dispensed with in this revision. 3. The learned Magistrate was not justified in assuming that the complainant has abandoned the case. The case was originally filed before the Chief Judicial Magistrate Court, Ernakulam and was subsequently transferred to the J.F.C.M-IV, Kochi. Magistrates should not revel in sadistically dismissing the Crl.R.P.No.458 of 2008 2 complaints under Section 138 of the Negotiable Instruments Act, 1881, even if there is some latches on the part of the complainant or his or her counsel. The consequence of the dismissal of a complaint is that the party will have to approach this Court incurring unavoidable expenditure. Hence, the impugned order is set aside. S.T.No.182/2007 on the file of the J.F.C.M-IV, Kochi will stand restored to file and shall be disposed of, in accordance with law. The petitioner shall appear before the court below, without any further notice on 17.3.08, by which time, he shall have deposited the process fee and shall be ready for the further progress of the case. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge