IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Crl.Rev.Pet.No. 748 of 2010() ----------------------------- STC.2098/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONER(S): COMPLAINANT -------------------------------- POTHAN MOHANAN,S/O.GOVINDAN,AGED 30 YRS, MOHAN VILLA,PANANKAVUM,CHIRAKKAL.P.O, KANNUR. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): ACCUSED ---------------------- C.SURAJ RAGHAVAN,S/O.RAGHAVAN, VASANTHAS,KADALAYI.P.O,KANNUR. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. .................................................... Crl.R.P. No. 748 of 2010 ................................................... Dated this the 11th day of March, 2010. O R D E R The petitioner, who is the complainant in S.T. No. 2098 of 2008 on the file of the J.F.C.M. II, Kannur, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.45,000/- challenges the order dated 19-12-2009 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 Crl.R.P. No. 748 of 2010 -:2:- time. However, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No. 2098 of 2008 on the file of the J.F.C.M. II, Kannur shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 31-3-2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 11th day of March, 2010. V. RAMKUMAR, JUDGE.