IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 1ST MARCH 2007 / 10TH PHALGUNA 1928 Crl.Rev.Pet.No. 908 of 2007 ----------------------------- ST.442/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER: COMPLAINANT ----------------------------- DEVAKI AMMA, SREEDEVI MANDIRAM, PERAYAM, UMAYANALLOOR, KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS: ACCUSED & STATE ---------------------------- 1. MANOJ, THAPPATHIL VEEDU, PALACKAL, THEVALAKARA, KOLLAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.R.P.NO.908 of 2007 DATED THIS THE 1ST DAY OF MARCH 2007 ORDER The revision petitioner is the complainant in the proceedings initiated under Section 138 of the Negotiable Instruments Act. His complaint has been dismissed under Section 204(4) Cr.P.C.as no process fee was remitted to issue non-bailable warrant to the accused. It is stated that the petitioner was laid up and he could not make arrangements for remitting the process fee. In the circumstances, the order of the court below is set aside. The court below is directed to permit the petitioner to further pursue the matter. The revision petitioner shall appear before the court below on 24-3-2007. The Crl. revision petition is disposed of accordingly. K.R.UDAYABHANU, JUDGE ks.