IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Crl.Rev.Pet.No. 2140 of 2009(B) ------------------------------------ AGAINST ORDER OF DISMISSAL DTD 26.12.2008 IN ST.2365/2008 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-VI, ERNAKULAM. .................... REVN. PETITIONER: COMPLAINANT IN ST NO.2365/2008 -------------------------------------------------------------------- M/S.FOCUZ EARTH MOVERS,DOOR NO.34/1884-B PADMANABHA CHAMBERS,MAMANGALAM,COCHIN-25,A UNIT OF FOCUZ CO-OP.PVT.LTD.,FOCUZ TOWERS,EDAPPALLY, KOCHI-682 024,REP.BY P/A HOLDER, ANANDKUMAR T.A. S/O. ANIRUDHAN T.K. AGED 38 YEARS, LEGAL SECTION-IN- CHARGE,FOCUZ CORPORATION PVT.LTD.,EDAPPALLY, KOCHI 682 024. BY ADVS. MR.P.GOPAKUMARAN NAIR MR.C.S.DIAS MR.N.K.SUBRAMANIAN RESPONDENTS: ACCUSED IN S.T.NO.2365/2008 -------------------------------------------------------- 1. P.S.SAJITH KUMAR, S/O. SOMASEKHARAN NAIR AGED 36 YEARS, RESIDING AT 109,PADMA BHAVAN, PADMANABHAPURAM, S.N. PURAM P.O.,CHERTHALA-688 582. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ALONG WITH CRIMINAL REVISION PETITION NO.2141 OF 2009 ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2140 of 2009 & Crl.R.P.No.2141 of 2009 --------------------------------------- Dated this 09th day of July 2009 ORDER Notice to respondent No.1 is dispensed with since the order under challenge is one dismissing the complaints under Sec.204(4) of the Code of Criminal Procedure. Heard counsel for petitioner and the public prosecutor who took notice for respondent No.2. 2. Petitioner filed complaints against respondent No.1 alleging offence punishable under Sec.138 of the Negotiable Instruments Act. The complaints were dismissed as aforesaid by the impugned orders dated 26-12-2008. Learned counsel submits that complaints were filed on 25-08-2008 and learned Chief Judicial Magistrate who took cognizance of the offence made over the cases to learned Judicial First Class Magistrate, Ernakulam and the case was post on 24-10-08. That day the cases were not called and it was announced that the next hearing date will be published. Later counsel for petitioner learnt that the cases were taken up on 26-12-08 and the same were dismissed for default for absence of petitioner. 3. I have gone through the orders under challenge. I am not inclined to think that there was willful default, latches or failure on the part of petitioner in appearing in court or taking steps. Petitioner has to be given an opportunity to prosecute the complaints. Crl.R.P.No.2140 & 2141 of 2009 2 Hence these revisions are allowed. The impugned orders are set aside and the cases are remitted to the court of judicial First Class Magistrate, Ernakulam to proceed with the same as provided under law. Petitioner shall be given an opportunity to take necessary steps as may be ordered by the court below. Petitioners shall appear in the court below on 20-08-2009. THOMAS P JOSEPH, JUDGE Sbna/