IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.Rev.Pet.No. 1520 of 2011() ------------------------------ ST.3777/2009 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... REVN. PETITIONER(S): REVISION PETITIONER ---------------------------------------- MUTHOOT VEHICLES AND ASSET FINANCE LTD., MUTHOOT CHAMBERS, 2ND FLOOR,OPP.SARITHA THEATRE COMPLEX,BANERJI ROAD, ERNAKULAM, COCHIN-682018,REP BY ITS POWER OF ATTORNEY HOLDER-BABY SUJATHA, AGED 32 YEARS,D/O.M.R.VALSAN, SAISURAJ,TAMARASSERY ROAD, POONITHURA P.O.,TRIPUNITHURA BY ADV. SRI.P.DALBI EMMANUEL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM 2. BEENA SABU, W/O.SABU KING GEORGE, RESIDING AT CHITTEZHATHU HOUSE,PRIYADARSHNI APARTMENT, FATHIMA CHURCH ROAD,KADAVANTHRA, KOCHI PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN,J ------------------------------ Crl.R.P No.1520 of 2011 ------------------------------------------ Dated this the 29th day of June, 2011 ORDER The complaint in a prosecution for the offence under Section 138 of the NI Act is the revision petitioner. 2. The challenge in this revision petition is against the order dated 22.10.2010 of the Judicial First Class Magistrate Court, Kolenchery in ST.No.3777/2009 by which the complaint preferred by the revision petitioner is dismissed under Section 204 of Cr.P.C, as there was no representation. 3. Counsel for the petitioner submitted that, originally the case was filed before the Judicial First Class Magistrate, Ernakulam and subsequently, it was transferred to the present court and the case was regularly adjourned right from 18.1.2010 and finally the impugned order is passed. It is also the submission of the learned counsel that at the time of filing the complaint, the cover etc. were produced otherwise it will not be taken on file. Crl.R.P No.1520 of 2011 2 However, I am not proposed to consider the merit of those contentions but I am of the view that, this revision petition can be disposed of granting one more opportunity to the petitioner to prosecute the matter on merit, especially when the cheque in question covers an amount of Rs.1,60,000/-. In the result, the order dated 22.10.2010 of Judicial First Class Magistrate Court, Kolenchery in ST.No.3777/09 is set aside and accordingly, the petitioner/complainant is directed to appear before the trial court on 29.7.2011, on which date the learned Magistrate is directed to restore the complaint on file and proceed in accordance with the procedure and law and dispose the same on merit. The complainant is directed to co-operate with the trial of the case. V.K.MOHANAN, JUDGE. pm/