IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.Rev.Pet.No. 92 of 2010() ---------------------------- CC.930/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVISION PETITIONER/COMPLAINANT:- ---------------------------------------------- RESOURCE INDIA KURIES (P) LTD., PALLIKULAM ROAD, THRISSUR. REPRESENTED BY ITS CHAIRMAN, MR.JUSTIN, AGED 38 YEARS, S/O.GEORGE, PALIYAKKARA HOUSE, CHIYYARAM, THRISSUR DISTRICT. BY ADV. MR. RANJITH XAVIER RESPONDENT/STATE:- -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 92 of 2010 ====================== Dated this the 8th day of January, 2010. O R D E R The petitioner, who is the complainant in C.C. No.930 of 2008 on the file of the Judicial First Class Magistrate-II, Thrissur in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.75,500/-, challenges the order dated 14.07.2009 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 C.C. No. 930 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 08.02.2009 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 8th day of January, 2010. V. RAMKUMAR, JUDGE. rv