IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.Rev.Pet.No. 1162 of 2008() ------------------------------ CC.2299/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER: COMPLAINANT --------------------------------------- CENTRAL BANK OF INDIA, MATTANCHERRY BRANCH, KOCHI - 682 002 REPRESENTED BY ITS BRANCH MANAGER AND POWER OF ATTORNEY HOLDER MR.K.K.BALAKRISHNAN, AGED 49 YEARS,S/O.K.K.KUNJAN R/AT HOUSE NO.40, IIND LANE, UDAYANAGAR, KATHRIKADAVU, KALOOR, KOCHI - 682 017. BY ADV. SRI.V.V.SIDHARTHAN SRI.D.G.VIPIN RESPONDENTS: ACCUSED/STATE -------------------------------------- 1. A.RAHIM, 16/217, CHOOLEZHATHUPARAMBU, WEST KARUVELIPADY, KOCHI - 682 002. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1162 of 2008 ========================== Dated this the 4th day of April, 2008. ORDER The petitioner, who was the complainant in C.C. No. 2299 of 2007 on the file of the Judicial First Class Magistrate-II, Kochi which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.32,368/-, challenges Annexure-3 order dated 10.03.2008 passed by the learned Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the reason that no steps had been taken and there was no representation for the complainant. 2. The learned counsel appearing for the petitioner/complainant submits that as a matter of fact stamped cover had been produced. On account of the fact that the counsel for the complainant had wrongly noted the date of the posting, no representation could be made before the learned Magistrate. 3. Even otherwise, for such latches the complainant did not deserve the dismissal of his complaint. Accordingly, C.C. No. CRL.R.P. NO. 1162/2008 : 2 : 2299 of 2007 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 18.04.2008 by which time he shall have done everything within his control for the further progress of the complaint. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1162/2008 : 3 :