IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.Rev.Pet.No. 143 of 2008() ----------------------------- ST.699/2005 of JUDICIAL FIRST CLASS MAGISTRATE-IV, KOCHI .................... REVN. PETITIONER: COMPLAINANT: --------------------------------------- K.N.SASIKUMAR, S/O.K.P.NARAYANA PILLAI, KEEZHATHU HOUSE, VANDANAM P.O., PUNNAPRA, ALAPPUZHA DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ACCUSED & STATE: -------------------------------------------- 1. BALASUBRAMANIAN.K., P.K.HOUSE, PALLIPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA. 688 541. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 143 of 2008 ========================== Dated this the 2nd day of July, 2008. ORDER The petitioner, who is the complainant in S.T. No. 699 of 2005 on the file of the Judicial First Class Magistrate-IV, Kochi, which was a prosecution under Section 138 of the Negotiable Instruments Act, involving a cheque for Rs.58,000/-, challenges the order dated 16.08.2006 passed by the Magistrate dismissing the complaint under Section 204(4) Cr.P.C for failure to take steps for issuing warrants against the accused. 2. No doubt, there might have been some latches on the part of the complainant in taking steps. But, the fact remains that the accused continues to remain absconding in the case and the latches on the part of the complainant certainly did not mean that he was grossly negligent. At any rate, he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No. 699 of 2005 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 21.07.2008 by which time he shall have taken all necessary steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. Dated this the 2nd day of July, 2008. V. RAMKUMAR, JUDGE. rv