IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.Rev.Pet.No. 2162 of 2008() ------------------------------ ST.176/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, (SPECIAL COURT FOR MARKLIST CASES), TRIVANDRUM .................... REVN. PETITIONER: PETITIONER/COMPLAINANT:- ------------------------------------------------------ DEVARAJ, S/O SADASIVAN, POOYAM, T.C. 32/205, MARKET ROAD, MARUTHUMKUZHY, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT/ACCUSED: ------------- 1. T. CHANDRAKUMAR, KODIYIL MUKKALA HOUSE, NETTAYAM, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2162 of 2008 ========================== Dated this the 1st day of July, 2008. ORDER The petitioner, who is the complainant in S.T. No. 176 of 2005 on the file of the Judicial First Class Magistrate-V, (Special Court for Marklist Cases), Thiruvananthapuram, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs.35,000/-, challenges the order dated 28.01.2006 passed by the Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the reason that the complainant is absent and there was no representation and no fresh steps have been taken for issuing fresh warrant against the accused. 2. There might have been some latches on the part of the petitioner/complainant in taking fresh steps. But he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No. 176 of 2005 on the file of the Judicial First Class Magistrate-V shall stand restored to file. The petitioner shall appear before the court below without CRL.R.P. NO. 2162/2008 : 2: any further notice on 18.07.2008, by which time he shall have taken all necessary steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. Dated this the 1st day of July, 2008. V. RAMKUMAR, JUDGE. rv