IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.Rev.Pet.No. 1577 of 2011() ------------------------------ ST.113/2010 OF THE JUDL.FIRST CLASS MAGISRATE-IV (PRL. MUNSIFF, NEYYATTINKARA) ..................-.. REVN. PETITIONER: REVISION PETITIONER ---------------------------------------- REGHUNATHAN, S/O.KUMARASWAMI, J.R.BHAVAN, PARASSUVAIKKAL VILLAGE, PARASSALA. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENTS: --------------------- 1. SELVARAJ, S/O.CHARLS, KURUVIKKADU VEEDU, ERICHELLOORDESOM, KARODE VILLAGE, KARODE PANCHAYAT, NEYYATTINKARA TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P No.1577 of 2011 ---------------------------------------- Dated the 28th Day of June, 2011 ORDER The complainant in a prosecution for the offence under section 138 of the Negotiable Instruments Act is the revision petitioner as he is aggrieved by the order dated 31.1.2011 of the court of Judicial First Class Magistrate IV,(Principal Munsiff, Neyyattinkara), by which the learned Magistrate dismissed the complaint under section 204(4) Cr.P.C 2. From the materials available on record and from the contention of the petitioner, it appears that the cheque in question covers an amount of Rs.1,00,000/- (Rs.one lakh). According to the learned counsel, neither the complainant nor his counsel was present on the date of the actual posting of the case i.e. on 27.1.2011 since the Clerk attached to the counsel in the court below mistakenly noted down the date as 27.2.2011. Because of the above fault, they could not appear on the next posting dates also, namely, 29.1.2011 as well as on 31.1.2011. The explanation offered by the counsel for the petitioner for their absence before the court below, is not convincing. However, considering the fact that the cheque in question covers an amount of Rs.one Crl.R.P.No.1577/11 -:2:- lakh, I am of the view that one more opportunity can be given to the petitioner to prosecute the matter on merit but on terms. In the result, this Crl.R.P. is disposed of setting aside the order dated 31.1.2011 in S.T.No.113/10 of the court of Judicial First Class Magistrate-IV (Prl.Munsiff), Neyyattinkara, on condition of the petitioner depositing a sum of Rs.750/- in the trial court. Accordingly, the petitioner is directed to appear before the trial court on 28.7.2011 on which date the learned Magistrate is directed to restore the complaint on file on his satisfaction that the petitioner deposits the amount as directed above and proceed with the case in accordance with the procedure and law and dispose of the same on merit. On depositing the amount, the court is directed to deposit the same in the State Ex chequer. V.K.MOHANAN, JUDGE kvm/- Crl.R.P.No.1577/11 -:3:-