IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Crl.Rev.Pet.No. 827 of 2010() ----------------------------- CC.323/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... REVN. PETITIONER: PETITIONER/COMPLAINANT:- -------------------------------------------------------- M/S.EICHER MOTORS LTD., 102, INDUSTRIAL AREA NO.1, PITHAMPUR,BRANCH OFFICE AT 40/1170A, 1ST FLOOR, MANGALATH BUILDING, T.D.ROAD, COCHIN-682 011,REPRESENTED BY POWER OF ATTORNEY HOLDER SATISH.D, S/O.A.P.DIVAKARAN, AGED 41 YEARS. BY ADV. MR. M.RAMESH CHANDER MS. K.A.SANJEETHA MR. ANEESH JOSEPH MS. C.J.AJITHA RESPONDENT-ACCUSED:- ----------------------------- 1. TOY PAULSON, S/O.PAUL THOMAS, NADAKKAVUKARAN HOUSE, KALATHODE P.O., THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 827 of 2010 ====================== Dated this the 8th day of March, 2010. O R D E R The petitioner, who is the complainant in C.C. No.323 of 2007 on the file of the Judicial First Class Magistrate -III, Kochi in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.20,250/-, challenges the order dated 03.12.2009 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.323 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 26.03.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 8th day of March, 2010. V. RAMKUMAR, JUDGE. rv