IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.Rev.Pet.No. 2710 of 2008() ------------------------------ CC.2385/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER: COMPLAINANT --------------------------------------------------------- FRANCIS.A.J. S/O.JOSEPH ARACKAL HOUSE, THOPPUMPADY, KOCHI-6. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL RESPONDENTS: ACCUSED/ STATE OF KERALA -------------------------------------------------------------------------- 1. DANE.B.JOSEPH, JOSEPH, VILLAGE ASSISTANT BAVAKKATTU HOUSE, KUNBALANGI, KOCHI-7. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2710 of 2008 = = = = = = = = = = = = = = 19.08.2008 ORDER The petitioner, who is the complainant in C.C.No.2385 of 2006 on the file of the J.F.C.M-II, Kochi in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.85,000/-, challenges the order dated 9.5.2008 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. There might have been some latches on the part of the petitioner/complainant in not taking steps at the right time. However, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C.No.2385 of 2006 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 1.09.2008, by which time he shall have taken steps for the further progress of the complaint. Dated this the 19 th day of August, 2008. V. RAMKUMAR, JUDGE sj