IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.Rev.Pet.No. 2297 of 2008() ------------------------------ ST.1046/2006 of J.F.C.M- VIII, TRIVANDRUM .................... REVN. PETITIONER: ------------------ VIJAYAKRISHNAN U., HOUSE NO 17, RANJITH NILAYAM, PALKULANGARA, PETTA P.O., THIRUVANANTHAPUR, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER T.R.UDAYA VARMA ,AGED 65 YEARS, S/O KUNJUNNI NEDUNGADI, RESIDING AT KUMARA VILASOM T.C. 25/1060, THYCAUD P.O., THIRUVANANTHAPURAM -14 BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: ------------- STATE OF KERALA, REPRESENGTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2297 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of July, 2008 ORDER The petitioner, who is the complainant in S.T.No.1046/2006 on the file of the J.F.C.M-VIII, Thiruvananthapuram in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.2,50,000/-, challenges the order dated 12.11.07 passed by the learned Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the absence of the petitioner/complainant and his counsel and for the failure on the part of the petitioner to take steps. There might be some latches 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.1046/2006 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 25.07.08, by which time he shall have taken steps for the further progress of the complaint. Dated this the 11th day of July, 2008 . V. RAMKUMAR, JUDGE sj