IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.Rev.Pet.No. 652 of 2009() ----------------------------- ST.1999/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... REVN. PETITIONER(S): PETITIONER/COMPLAINANT --------------------------------------------------------------------------------- A.BABU, T.C. 40/706, THUNDUVILAKATHU VEEDU, THOPPU MUDUKKU, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM BY ADV. SRI.D.KISHORE RESPONDENT(S): ACCUSED AND STATE ----------------------------------------------------------------- 1. K.PADMANABHA DAS, SREE LAKSHMI, SANGAMAM NAGAR, PUTHEN PALAM, VALLAKKADAVU P.O., THIRUVANANTHAPURAM 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P. No.652 of 2009 = = = = = = = = = = = = = Dated: 19.02.2009 O R D E R The petitioner, who is the complainant in S.T. No. 199 of 2007 on the file of the J.F.C.M-II, Thiruvananthapuram in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.1,80,000/- challenges the order dated 28.10.08 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.199 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 11.03.09 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 19th day of February 2009. V. RAMKUMAR, JUDGE. sj