IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Crl.Rev.Pet.No. 3047 of 2008() ------------------------------ C.C.NO.382 OF 2005 ON THE FILE OF THE J.F.C.M-V, NEYYATINKARA REVN. PETITIONER: COMPLAINANT: ----------------------------------------------------------- A.NELSON, S/O.APPAVU NADAR, PAVATHIYAN VILA PUTHEN VEEDU, PARASSALA P.O., PARASSALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD RESPONDENTS: STATE: -------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.3047 of 2008 = = = = = = = = = = = = = = 02.09.2008 ORDER The petitioner, who is the complainant in C.C.No.382 of 2005 on the file of the J.F.C.M-V, Neyyatinkara in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.24,500/- challenges the order dated 26.3.2008 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. There might have been some latches 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.382 of 2005 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 19.09.08 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 2 nd day of September, 2008. V. RAMKUMAR, JUDGE sj