IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.Rev.Pet.No. 2343 of 2008() ------------------------------ CC.768/2006 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER: -------------------------------- PRIYARANJAN PRABHAKAR, TC 2/1555 (1), GRA 284, KOTTARA LANE GOWREESHAPATTOM,PATTOM PALACE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASOK SANGEETH, PROPRIETOR, STAR LINE COMMUNICATIONS, "UTHRAM" GANDHIPURAM, SREEKARIYAM, THIRUVANANTHPURAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2343 of 2008 = = = = = = = = = = = = = = Dated this the 15th day of July, 2008 ORDER The petitioner, who was the complainant in C.C.No.768/2006 on the file of the Addl.Chief Judicial Magistrate, Thiruvananthapuram in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.50,000/-, challenges the order dated 21.06.08 passed by the learned Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the failure on the part of the complainant to take steps for issuing warrant against the accused. 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.768/2006 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 04.08.08, by which time he shall have taken steps for the further progress of the complaint. Dated this the 15th day of July, 2008 . V. RAMKUMAR, JUDGE sj