IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Crl.Rev.Pet.No. 587 of 2008() ----------------------------- CC.398/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... REVN. PETITIONER: REVN. PETITIONER ---------------------------------- P.K.VIJAYAN, AGED 50 YEARS, S/O. SHRI. KOCHUKUNJU, PROPRIETOR, M/S. MAHIMA REXINE & AGENCIES, RAMANCHIRA, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.K.SASI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2. PAVITHRAN, ARYASSERIL HOUSE, THIKODITHANAM P.O., CHANGANACHERRY. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. R.P. No. 587 of 2008 * * * * * * * * * * * * * * * * * * Dated: 28-02-2008 ORDER Petitioner who is the complainant in C.C. No. 398 of 2004 on the file of the Judl. Magistrate of the First Class, Thiruvalla, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 50,000/- challenges the order dated 14-07-2006 passed by the Magistrate dismissing the complaint under Section 204 (4) Cr.P.C. 2. It is true that there was some laches on the part of the complainant in not producing the process fee or the stamp and cover for issuing summons by registered post. But he certainly did not deserve a dismissal of his complaint. The impugned order is accordingly set aside and C.C. No. 398 of 2004 shall stand restored to file. Petitioner shall appear before the court below without further notice on 18-3-2008 by which time he shall have remitted the necessary process fee and shall also have produced the stamp and cover for the further progress of the case. This Crl.R.P is disposed of as above. V. RAMKUMAR, (JUDGE) ani.