IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Crl.Rev.Pet.No. 934 of 2010() ----------------------------- ST.1622/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... REVN. PETITIONER/ COMPLAINANT:- ------------------------------------------ DR.RAJAN BABU, POLACKAL HOUSE, MUNDAKKAYAM POST, MUNDAKKAYAM, KOTTAYAM DISTRICT. BY ADV. MR. P.KURUVILLA JACOB RESPONDENTS/ ACCUSED & STATE:- ----------------------------------------- 1. MANAGING DIRECTOR, MANTHANANTHU CHITS INDIA PRIVATE LTD., KULANADA.P.O., PATHANAMTHITTA DISTRICT. 2. RAMACHANDRAN NAIR, AGED 58, MANTHANANTHU CHITS INDIA PRIVATE LTD., KULANADA.P.O., PATHANAMTHITTA DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No.934 of 2010 ====================== Dated this the 15 th day of March, 2010. O R D E R The petitioner, who is the complainant in S.T. No. 1622 of 2008 on the file of the Judicial First Class Magistrate -I, Kanjirappally in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.47,500/-, challenges the order dated 28.01.2009 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.1622 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 31.03.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 15th day of March, 2010. V. RAMKUMAR, JUDGE. rv