IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.Rev.Pet.No. 2366 of 2008() ------------------------------ CC.1603/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER/COMPLAINANT:- ------------------------------------------- SAIJO V.T, S/O V.I. THOMA, VADAKKAN HOUSE, PALLIKULAM,THRISSUR. BY ADV. SRI.C.D.DILEEP RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -31. 2. SREEROOP K. NAIR, S/O KRISHNANKUTTY NAIR, SREENILAYAM,ALATHOOR P.O., PALAKKAD. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ====================== Crl. M.A. No.6923 of 2008 in Unnumbered Crl. R.P. of 2008 ======================= Date: 15.07.2008 ORDER This is a petition to condone the delay of 59 days in filing the revision. Since the complaint was dismissed by the Magistrate even before the appearance of the accused, notice to the 2nd respondent/complainant is dispensed with. Having regard to the averments in the affidavit in support of this petition, the delay of 59 days in filing the above revision is condoned. Registry to number the revision petition today itself. V. RAMKUMAR, JUDGE. rv V. RAMKUMAR , J. ========================== Crl.R.P. No. 2366 of 2008 ========================== Dated this the 15th day of July, 2008. ORDER The revision petitioner is the complainant in C.C. No. 1603 of 2007 on the file of the Judicial First Class Magistrate-I, Thrissur, which was a prosecution under Section 138 of the Negotiable Instruments Act, involving a cheque for Rs.85,000/-. He challenges the order dated 08.01.2008 passed by the Magistrate dismissing the complaint under Section 204(4) Cr.P.C for not taking steps for issuing process to the accused. 2. There might have been some latches on the part of the revision petitioner in not taking steps promptly. But, he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No. 1603 of 2007 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 04.08.2008 by which time he shall have taken all necessary steps for the further progress of the case. Dated this the 15th day of July, 2008. V. RAMKUMAR, JUDGE. rv