IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.Rev.Pet.No. 33 of 2008(D) ----------------------------- CC.459/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: COMPLAINANT ----------------------------------------------------------- P.K.MANILAL, MUNDAM PARAMBIL HOUSE, SHINE CROSS ROAD, VYTTILA, KOCHI. BY ADV. SRI.E.D.GEORGE RESPONDENTS: ACCUSED & STATE ------------------------------------------------------------- 1. A.M.SALI, SARITHA MANZIL, THURUTHUSERI, MEKAD P.O., ANGAMALY. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.33 of 2008 = = = = = = = = = = = = = = Dated this the 22nd day of February, 2008 ORDER The petitioner, who is the complainant in C.C.No.459 of 2003 on the file of Additional Chief Judicial Magistrate, Ernakulam which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881, in respect of a cheque involving a sum of Rs.2,497/- (Rupees two thousand four hundred ninety seven only), challenges the order dated 15.10.07, dismissing the complaint under Section 204(4) Cr.P.C for not furnishing the correct address of the accused. 2. There is no point in repeating summons in this revision to the accused who has been evading service right from the year 2003. Dismissal of the complaint for failure to produce the correct address of the accused cannot be sustained and is accordingly set aside. C.C.No.459 of 2003 will stand restored to file . The petitioner shall appear before the court below on 14.3.08 and the Magistrate shall issue non bailable warrants for the arrest and production of the accused. The petitioner shall remit the necessary process fee, in case the Magistrate orders non bailable warrants of arrest against the accused. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj