IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.Rev.Pet.No. 2559 of 2008() ------------------------------ ST.465/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... REVN. PETITIONER: ------------------ M.T.THOMAS, S/O.LATE K.J.THOMAS SANTHI SADAN, CIVIL STATION PO., NEDUNGOTTUR AMSOM DESOM KOZHIKODE-20. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENTS: ------------- 1. R.MANOHAR, S/O.N.RAMACHANDRFAN, NO.35/A, MLCETECH COLONY, M.H.ROAD, CHENNAI-600 060. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2559 of 2008 * * * * * * * * * * * * * * * * * * Dated: 30-07-2008 ORDER Petitioner who is the complainant in S.T. 465 of 2007 on the file of the Judicial First Class Magistrate-IV, Kozhikode which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 65,000/- challenges the order dated 4-2-2008 passed by the Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. for the non-appearance of the complainant and for failure to take steps. 2. The case was actually posted on 17-11-2007 to 8-4- 2008. But what the certified copy of the diary extract shows that there were two postings on 21-12-2007 and 4-02-2007 which are obviously wrong postings since the case ought to have been posted only on 8-4-2008. It was on 4-2-2008 to which date the case was posted that the Magistrate dismissed the complaint under Sec. 204 (4) Cr.P.C. due to the alleged absence of the Crl.R.P. No. 2559 of 2008 -:2:- petitioner who really had no notice of the posting of the case on 21-12-2007 and 4-2-2007. The impugned order is accordingly set aside and S.T. 465 of 2007 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 12-8-2008 by which time he shall have taken all necessary steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.