IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.Rev.Pet.No. 2175 of 2008() ------------------------------ CC.1251/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER: REVISION PETITIONER/COMPLAINANT. -------------------------------------------------- CLASSIC AGENCIES, 5 H, TRANQUIL TOWERS, SEAPORT-AIRPORT ROAD, OPP. CIVIL STATION, KAKKANAD, REPRESENTED BY MATHEW THOMAS. BY ADV. SRI.P.SANJAY RESPONDENTS: STATE. ------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2175 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of July, 2008 ORDER The petitioner, who is the complainant in C.C.No.1251/2005 on the file of the Judicial First Class Magistrate Court I, Aluva in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for a sum of Rs.1,45,454/-, challenges the order dated 13.2.08 passed by the learned Magistrate dismissing the complaint under Section 204(4) Cr.P.C due to the absence of the complainant and also due to the failure to take steps. 2. There might have been some latches on the part of the complainant in taking steps for securing the attendance of the accused who is absconding. But still, being a prosecution under Section 138 of the Negotiable Instruments Act, 1881, he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C.No.1251 of 2005 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 21.07.08, by which time he shall have taken all necessary steps for the further progress of the complaint. V. RAMKUMAR, JUDGE sj