IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Crl.Rev.Pet.No. 2807 of 2008() ------------------------------ ST.331/2005 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... REVN. PETITIONER/DE FACTO COMPLAINANT: --------------------------------------------------- M/S. SUPER COAT PAINTS (PVT) LTD. H.O.A51, 2ND MAIN, PEENYA, II STAGE, BANGALORE, REP. BY P. PRAMOD, C&F AGENT AT CALICUT, SHYNI NIVAS, KODENCHERI, KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/ACCUSED: ----------------------------- 1. T.P. MURALEEDHARAN, AYYIL HOUSE, PANTHEERANKAVU, CALICUT. 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 20.08.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2807 of 2008 ========================== Dated this the 20th day of August, 2008. ORDER The petitioner, who is the complainant in S.T. No. 331 of 2005 on the file of the Judicial First Class Magistrate-IV, Kozhikode in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving two cheques one for Rs.15,000/- and another for Rs.2850/-, challenges the order dated 07.05.2008 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. 2. 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 S.T. No. 331 of 2005 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 01.09.2008, by which time the petitioner shall have taken all steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. Dated this the 20th day of August, 2008. V. RAMKUMAR, JUDGE. rv