IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.Rev.Pet.No. 2571 of 2008() ------------------------------ CC.1278/2006 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER/ COMPLAINANT: ----------------------------- VISHNU AGARBATHI, REP. BY ITS PROPRIETOR, SARALA AMMA.K, REP. BY HER P/A HOLDER BHARAT TAMPI, AGED 42, S/O.NARAYANAN, RESIDING AT T.C 28/432, KRISHNA, NALUMUKKU JUNCTION, CHAMPAKKARA ROAD, PETTAH.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN H. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT/ STATE: ------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J ============== Crl.R.P.No. 2571 OF 2008 ==================== Dated this the 7th day of August, 2008. O R D E R The revision petitioner who was the complainant in C.C.No.1278/06 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.25,000/-, challenges the order dated 27.11.2007 passed by the Magistrate dismissing the complaint under Section 204(4) of Cr.P.C for the failure on the part of the complainant and his counsel in appearing before the court and also for not taking steps against the complainant. There might have been some latches on the part of the petitioner in not taking steps at the appropriate stage. But, he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C.No.1278/06 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 25.8.2008, by which time he shall have taken all necessary steps for the further progress of the complaint. V.RAMKUMAR, JUDGE bkn/-