IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Crl.Rev.Pet.No. 1186 of 2009() ------------------------------ ST.770/2008 of JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY .................... REVN. PETITIONER(S): --------------------- V.K.RAMAN, S/O.KUNHAPPAN, AGED 67 YEARS, VELIKKAKATH PEEDIKAYIL, P.O.MANALVAYAL, IRULAM AMSOM DESOM, SULTHANBATHERY TALUK, WAYANAD. BY ADV. SRI.RAFFEEKH.K RESPONDENT(S): --------------- 1. P.K.SATHYAN, MANAGER, SREE GOKULAM CHITS AND FINANCE, IDUKKI, ADIMALI P.O, NOW RESIDING AT VADAKKEKUTTTIYIL VEEDU, BATHERY P.O, SULTHANBATHERY TALUK, WAYANAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P.No.1186 of 2009 = = = = = = = = = = = = = Dated: 3.04.2009 O R D E R The petitioner, who is the complainant in S.T. No.770 of 2008 on the file of the J.F.C.M-I, Sulthan Bathery in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.50,000/- challenges the order dated 13.1.2009 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, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No.770/2008 on the file of the J.F.C.M-1, Sulthan Bathery shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 27.4.09 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 3rd day of April 2009. V. RAMKUMAR, JUDGE. sj