IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.Rev.Pet.No. 597 of 2001() ----------------------------- CC.125/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, THIRUVANANTHAPURAM .................... REVISION PETITIONER: --------------------- V.V.MANOJ, BINDU NIVAS, T.C.12/1554, KUNNUKUZHY, THIRUVANANTHAPURAM. BY ADV. SRI.M.V.AMARESAN RESPONDENTS/ACCUSED: --------------- 1. P.V.KURIAN (SUNNY POOVATHINKAL) SEASON TRADERS, KEEZHAPPALLY P.O., KANNUR DISTRICT. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P. No.597 of 2001 -------------------------------------- Dated this the 24th day of September, 2008. ORDER Revision petitioner filed a complaint against the first respondent for offence punishable under Section 138 of the Negotiable Instruments Act. The first respondent was discharged as per the impugned order dated 17.2.2001 for the reason that process fee was not paid in spite of repeated grant of time on five occasions stretching to one year and three months. Revision petitioner is aggrieved and hence, this revision. 2. Heard. 3. Counsel for the revision petitioner submitted that process fee was actually paid in the court below on 24.10.2000 as per Entry No.8084 of 2000 in the court fee register. The matter was got verified through the Registrar of this Court. Learned Judicial First Class Magistrate-V, Thiruvananthapuram has reported that process fee was paid in the case on hand in Entry No.4084 of 2000 dated 24.10.2000 as seen in the court fee register and not in Entry No.8084 of 2000. Therefore, there is merit in the contention of the revision petitioner that he had paid court fee on 24.10.2000. As such, I am inclined to interfere with the order under challenge. 4. Revision Petition is therefore, allowed. The order under challenge is set aside. Case is remitted to the court below for disposal as Crl.R.P.No.597/2001 2 provided under law. Revision petitioner shall appear in the court below on 2910.2008. Crl.M.P.No.2904 of 2001 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. cks Crl.R.P.No.597/2001 3 Thomas P.Joseph, J. Cr.R.P.No.597 of 2001 ORDER 24th September, 2008