IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.Rev.Pet.No. 480 of 2010() -------------------------------- C.C.NO. 1466/2007 of JUDICIAL FIRST CLASS MAGISTRATE -III, KOCHI REVN. PETITIONER/COMPLAINANT:- --------------------------------------- M/S.CHAKIATH OIL MILLS, MARKET ROAD, ERNAKULAM,COCHIN-35,REPRESENTED BY ITS MANAGING PARTNER C.P.DEVASSY. BY ADV. MR. PAULSON C.VARGHESE RESPONDENTS/ACCUSED:- ------------------------------ 1. T.CHANDRA SHEKARAN, AISWARYA ELOOR NORTH UDYOGAMANDAL. 2. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 480 of 2010 ====================== Dated this the 17th day of February, 2010. O R D E R The petitioner, who is the complainant in C.C. No.1466 of 2007 on the file of the Judicial First Class Magistrate-III, Kochi in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.40,500/-, challenges the order dated 24.10.2009 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, the petitioner did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C.. No.1466 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 08.03.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 17th day of February, 2010. V. RAMKUMAR, JUDGE. rv