IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Crl.Rev.Pet.No. 1896 of 2008() ------------------------------ CC.1248/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: ------------------------------- STATE BANK OF INDIA, ERNAKULAM MAIN BRANCH, KTDC BUILDING, SHANMUGHAM ROAD, ERNAKULAM BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENTS: ------------- 1. M/S.FIFA BUILDERS (P) LTD., FIFA TOWERS PANAYAPPALLY, KOCHI - 682 002. 2. C.A.NAZAR, DIRECTOR M/S.FIFA BUILDERS (P) LTD., FIFA TOWERS, PANAYAPPALLY, KOCHI - 682 002. 3. ABUSABI NAZAR, DIRECTOR, M/S.FIFA BUILDERS (P) LTD., FIFA TOWERS, PANAYAPPALLY, KOCHI - 682 002. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1896 of 2008 = = = = = = = = = = = = = = Dated this the 12 th day of June, 2008 ORDER The revision petitioner who is the complainant in C.C.No.1248 of 2006 on the file of the Additional Chief Judicial Magistrate, Ernakulam, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.5 lakhs, challenges the order dated 26.2.08 passed by the Magistrate dismissing the complaint under Section 205(4) Cr.P.C. 2. First of all, dismissal of a complaint for failure to take steps can only be under Section 204(4) Cr.P.C and there cannot be a dismissal under Section 205 Cr.P.C which has only two sub- sections. Secondly, this is a case where the accused had initially entered appearance and had subsequently absconded necessitating repeated summons. The petitioner might have been guilty of some latches in not remitting the process fee. But , being a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the petitioner did not deserve a dismissal Crl.R.P.No.1896 of 2008 2 of his complaint. Accordingly C.C.No.1248 of 2006 shall stand restored to file for proceeding in accordance with law. 3. The petitioner shall appear before the court below without any further notice on 25.06.08, by which time all necessary steps for the further progress of the complaint shall have been taken. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj