IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 9TH APRIL 2007 / 19TH CHAITHRA 1929 Crl.Rev.Pet.No. 1524 of 2007() ------------------------------ ST.1504/2005 of JUDICIAL FIRST CLASS MAGISTRATE-IV, KOCHI .................... REVN. PETITIONER: PETITIONER/COMPLAINANT ----------------------------------------- MR. M.P.GOPAKUMARAN NAIR, AGED 67 YEARS, S/O. PARAMESWARAN NAIR, KRISHNAN NIVAS, MEVELLOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: ACCUSED ------------------------------ 1. MR. K.M.MEERAN, S/O. MOHAMMED, KOTTALIKKAUNDY HOUSE, VEGOLAKARA, ARAKKAPADY P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. KAMMAPPU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J ================================= CRL. R.P. NO. 1524 OF 2007 ================================= Dated this the 9th day of April 2007 O R D E R The revision petitioner is the complainant in S.T No.1504/2005 who had initiated proceedings under Section 138 of the Negotiable Instruments Act which stands dismissed under Section 204(4) Cr.P.C. It is submitted that the revision petitioner was mislead by the advocate's clerk as to the posting dates. He has also produced the complaint filed by him before the Sheristadar of the District Court as well as the President of the Advocate Clerks Association against the clerk concerned. 2. In the circumstances, the order of the court below is set aside. The court below is directed to permit the petitioner is further pursue the matter. The revision petitioner shall appear before Judicial First Class Magistrate IV, Kochi on 25.04.2007. The Crl. R.P is disposed of accordingly. K.R. UDAYABHANU, JUDGE. RV