IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Crl.Rev.Pet.No. 425 of 2010() ----------------------------- ST.2912/2006 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER(S): ----------------- M/S. KOVILAKOM CHITS & FINANCIAL SERVICES PVT.LTD., LAKSHMI COMPLED OPPOSITE METROPOLITAN HOSPITAL, THRISSUR REP. BY ITS CHAIRMAN, MR. SADANANDAN K.S. REP. BY ITS POWER OF ATTORNEY HOLDER GANGADHARA PANICKER AGED 61 YEARS, S/O. AMMU AMMA THEJUS, ARANATTUKARA THRISSUR BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): ------------- 1. ANTHONY V.T., AGED ABOUT 58 YEARS, S/O. THOMAS, KOOLA HOUSE, SANITATION WORKER ARANATTUKARA P.O., THRISSUR 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.P.A. SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 425 of 2010 ................................................ Dated: 5-3-2010 O R D E R The petitioner, who is the complainant in S.T. No. 2912 of 2006 on the file of the J.F. C.M. III, Thrissur in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.30,000/- challenges the order dated 8-10-2009 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 laches 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. 2912 of 2006 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 29-3-2010 by which time he shall have taken all steps for the further progress of the complaint. Sd/-V. RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge