IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Crl.Rev.Pet.No. 1377 of 2008() ------------------------------ CC.21/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER: COMPLAINANT --------------------------------------- C.SONS ASSOCIATES, MASTER LANE, VADUTHALA, KOCHI-682 023, REP. BY ITS PROPRIETOR VIJESH CHERIAN, AGED 27 YEARS, S/O.CHERIAN, PROPRIETOR, C SONS ASSOCIATES, MASTER LANE, VADUTHALA, KOCHI-682 023. BY ADV. SRI. A.T.ANILKUMAR RESPONDENTS: ACCUSED ------------------------------ 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.SURESH, I.S.B. INDUSTRIES LTD. BEACH HOTEL CAMPUS, SILK STREET, CALICUT-673 032, AUTHORIZED SIGNATORY AND ITS PROPRIETOR M/S.KEPEYES, 8/169 SILK STREET, CALICUT-673 032. BY ADV. SRI. P.N. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1377 of 2008 ========================== Dated this the 5th day of June, 2008. ORDER The petitioner, who was the complainant in C.C. No. 21 of 2006 on the file of the Chief Judicial Magistrate (Economic Offences), Ernakulam, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs.24,154/-, challenges the order dated 14.02.2008 passed by the said Magistrate dismissing his complaint under Section 204(4) Cr.P.C. The complaint was dismissed for failure to deposit the process fee. 2. No doubt, there must have been some latches on the part of the revision petitioner in paying the process fee. But, he certainly did not deserve dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No. 21 of 2006 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 23.06.2008 by which time he shall have done everything within his control for the further progress of the case. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv