IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.Rev.Pet.No. 1035 of 2009() ------------------------------ CC.1217/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER/COMPLAINANT:- ----------------------------------------- THIRUVANANTHAPURAM DISTRICT HOTELIERS WELFARE CO-OPERATIVE SOCIETY LTD., NO.T.1407, (HOTREST), AMBUJAVILASOM ROAD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. BY ADV. MR. J.R.PREM NAVAZ MS. SMITHA GEORGE RESPONDENTS/STATE/ACCUSED: ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V.M.NARAYANANKUTTY, TC 5/2106, VRINDAVAN GARDEN, KOWDIAR, THIRUVANANTHAPURAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 1035 of 2009 ====================== Dated this the 8th day of April, 2009. O R D E R The petitioner, who is the complainant in C.C. No.1217 of 2007 on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.1,27,000/-, challenges the order dated 17.01.2009 passed by the learned Magistrate dismissing the complaint under Section 204 (4) Cr.P.C. for the absence of the petitioner/complainant and also for the failure to remit process fee. 2. There might have been some laches on the part of the petitioner/complainant in not taking steps at the right time. However, it did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No.1217 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 30.04.2009 by which time the petitioner shall have taken all steps for the further progress of the complaint. Dated this the 8th day of April, 2009. V. RAMKUMAR, JUDGE. -:2:- rv