IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Crl.Rev.Pet.No. 3251 of 2008() ------------------------------ CC.569/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVISION PETITIONER:COMPLAINANT: ---------------------------------------------------------- VANCHINADU BHAVANA NIRMAMA SANGHAM LTD.NO.T.1088, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY BY ADV. SRI.J.R.PREM NAVAZ RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PADMA KUMAR.A.R., R/AT.TC.NO.51.2454 ESTATE PO., PAPPANAMCODE, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 3251 OF 2008 ............................................ DATED THIS THE 26th DAY OF SEPTEMBER, 2008 ORDER Petitioner is the complainant in a private complaint filed alleging that second respondent committed an offence under Section 138 of N.I.Act. After receipt of the summons, accused did not appear and non bailable warrant was issued. Case was posted to 18.6.2008. Learned Addl. Chief Judicial Magistrate, Thiruvananthapuram dismissed the complaint under sub-section 4 of Section 204 of Code of Criminal Procedure on the failure of petitioner to appear and also on the failure of the counsel to represent. This petition is filed under Section 397 and 401 of Code of Criminal Procedure contending that failure of the counsel to appear was on account of boycott of the courts by Advocates of Thiruvananthapuram Bar and though petitioner the Secretary, was absent, Secretary in charge had appeared and sought for an adjournment, but it was not granted and therefore the order of dismissal is to be set aside. 2. Though the Advocates are not justified in boycotting the courts, for that reason, a party cannot be penalised. In such circumstances, in the interest of justice, the order dated CRRP 3251/2008 2 18.6.2008 dismissing C.C.569 of 2007 under sub-section 4 of Section 204 of Code of Criminal Procedure is set aside and case is restored to file and Additional Chief Judicial Magistrate, Thiruvananthapuram is directed to proceed with the case in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-