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. 1794 of 2008() ------------------------------ S.T. NO. 2892 OF 2005 OF THE J.F.C.M. VADAKARA REVN. PETITIONER: REVISION PETITIONER/COMPLAINANT ------------------------------------------------- K.RASHEED, AGED 30 YEARS, S/O.ASSAINAR, POST BOX NO. 2243, ABUDHABI, REPRESENTED BY POWER OF ATTORNEY HOLDER, K.NOUSHAD, AGED 22 YEARS, S/O.ASSAINAR, MAITHANIPARAMBATH HOUSE, KOROTH ROAD, AZHIYOOR AMSOM DESOM. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ACCUSED -------------------- 1. NASAR, POST BOX NO. 71600, ABUDHABI, U.A.E. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR 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. 1794 of 2008 * * * * * * * * * * * * * * * * * * Dated: 5-6-2008 ORDER Petitioner who was the complainant in S.T. No. 2892 of 2005 on the file of the J.F.C.M. , Vatakara which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 6,65,000/-, challenges the order dated 1-10-2007 passed by the Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. for failure on the part of the petitioner to take steps. 2. In as much as the impugned order was passed before the appearance of the accused before the court below,notice on this Revision Petition to the first respondent/accused is dispensed with. 3. No doubt, there might have been some laches on the part of the petitioner in not taking steps. But he did not deserve a dismissal of his complaint involving high- stakes. The impugned order, is accordingly, dismissed and Crl.R.P. No. 1794 of 2008 -:2:- S.T. No. 2892 of 2005 shall stand restored to file. The petitioner shall appear before the court below on 23-6-2008 without any further notice. By that time, he shall have taken necessary steps for the further progress of the case. This Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.