IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.Rev.Pet.No. 1256 of 2010() ------------------------------ ST.498/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... REVISION PETITIONER(S): COMPLAINANT: --------------------------------------------------------------- M/S.SREE GOKULAM CHIT & FINANCE CO.(P) LTD., HOTEL BRIGHT BUILDING N.H.ROAD, KOTTIYAM, KOLLAM, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, P.D.MADHUKUMAR, AGED 52 YEARS, S/O.A.DAMODARAN, THOPPIL HOUSE, NEERAVIL, PERINAD P.O., KOLLAM. BY ADVS. SRI.K.S.BABU, SMT.N.SUDHA. RESPONDENT(S): ACCUSED & STATE: ---------------------------------------------------------- 1. MR.SUNIL G., SUNIL BHAVAN, PERUMPUZHA P.O., KOTTIYAM, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. No.1256 OF 2010 ---------------------------------------- Dated the 16th Day of July 2010 ORDER Challenging the dismissal of the complaint for the offence under section 138 of the Negotiable Instruments Act, the complainant preferred this Crl.R.P. 2. The learned counsel for the revision petitioner submitted that the complainant was regularly appearing in the court below, but the accused did not appear so far in spite of the fact that section 82 – 83 steps were ordered against him. It is also the contention of the learned counsel that from the certified copy of the proceedings of the court, it cannot be seen that the warrant was handed over to the complainant for execution of the same with the assistance of the police. So according to the learned counsel, the observation made in the impugned order is incorrect. 3. I have carefully perused the order impugned and also the certified copy of the order sheet issued by the court Crl.R.P.1256/10 -:2:- below in S.T.No.498/2007. On a careful perusal of the copy of the order sheet, it can be seen that the complainant was present on all posting dates and the complaint was being prosecuted vigilantly. One of the reasons stated by the court below is that the complainant has not produced the correct address of the accused. The learned counsel submitted that the accused is still residing in the address shown in the complaint and if the warrant was handed over to the complainant, the same could have been executed with the assistance of the police. It is also relevant to note that the cheque in question covers a sum of Rs.44,154/- It appears that on the date of the impugned order, though Section 82-83 steps were ordered, the accused has not so far appeared and his plea was not recorded. Even if there is laches on the part of the complainant in furnishing the correct address of the accused, the same would have been rectified by granting an opportunity to the complainant and if it was requested by the complainant that the warrant has to be handed over for execution, the same would have been considered by the court below. However, though Crl.R.P.1256/10 -:3:- cognizance was taken upon the complaint preferred by the appellant, there is no decision on merit. Therefore, according to me, the complainant can be given one more opportunity to prosecute the matter on merit and the complainant can approach the court below with the request for taking effective steps for securing the presence of the accused which will be considered by the trial court. Accordingly, the order dated 30.11.2009 in S.T.No.498/2007 of the court of CJM,Kollam is set aside and the revision petitioner/complainant is directed to appear before the trial court on 16.8.2010 on which date the learned Magistrate is directed to restore the complaint on file and to take steps to secure the presence of the accused in accordance with law and procedure and to proceed with the complaint and dispose of the same on merit. V.K.MOHANAN, JUDGE kvm/- Crl.R.P.1256/10 -:4:- kvm/- O.P.No. JUDGMENT Dated:..