IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.Rev.Pet.No. 790 of 2009() ----------------------------- ST.285/2006 of J.F.C.M-IV, KOCHI .................... REVN. PETITIONER(S): ------------------------------------- M/S EICHER MOTORS LTD., 102, INDUSTRIAL AREA NO,.1, PITHAMPUR DISTRICT, DHAR, MADHYA PRADESH , THROUGH ITS BRANCH OFFICE AT 40/1170 A, IST FLOOR, MANGALATH BUILDING, T.D. ROAD, COCHIN 682 011, REPRESENTED BY POWER OF ATTORNEY HOLDER SATISH D, S/O. A.P.DIVAKARAN. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ---------------------------- 1. TOY PAULSON, S/O. PAUL THOMAS, NADAKKAVUKARAN HOUSE, KALATHODE P.O., THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -31. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P. No.790 of 2009 = = = = = = = = = = = = = Dated: 26.03.2009 O R D E R The petitioner, who is the complainant in S.T. No.285 of 2006 on the file of the J.F.C.M-IV, Kochi in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.20,247/- challenges the order dated 13.10.2008 on the file of the J.F.C.M-IV, Kochi 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.285 of 2006 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 20.4.09 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 26th day of March, 2009. V. RAMKUMAR, JUDGE. sj