IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Crl.Rev.Pet.No. 1218 of 2001() ------------------------------ CMP.8996/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... REVN. PETITIONER(S): COMPLAINANT --------------------- SIVADASAN, S/O KISHNAKOODAN SUBRAMANIAN VARANDARAPPILLY BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OFKERALA PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1218 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2009 ORDER Petitioner in C.M.P.No.8996/2000 of Judicial First Class Magistrate Court, Irinjalakkuda is the petitioner in this criminal revision petition and he challenges the order of the Magistrate dismissing the petition. The petitioner has filed the said complaint against the counter petitioner under Section 138 of the Negotiable Instruments Act. The lower court dismissed the complaint on the ground that no statutory notice was issued by the petitioner to the counter petitioner. But the complainant has averred in the complaint that he has issued the statutory notice to the counter petitioner. It is submitted by the counsel for the petitioner that he has produced the copy of the notice before the trial court. Therefore, the impugned order of the Magistrate has to be set aside and the lower court should have taken cognizance of the complaint. In the result, the revision petition is allowed. The impugned order of the trial court dismissing the complaint C.M.P.No.8996/2000 CRRP.No.1218/2001 2 dated April 23, 2001 is hereby set aside. The learned Magistrate is directed to take on file the complaint and proceed with it in accordance with law. The case is of the year 2000. Therefore, the trial court is directed to dispose of the case as early as possible, but not later than six months from the date of receipt of a copy of this order. P.Q.BARKATH ALI JUDGE sv. CRRP.No.1218/2001 2