IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.Rev.Pet.No. 3268 OF 2008() ------------------------------ ST.42/2008 of JUDL. FIRST CLASS MAGISTRATE COURT-II, PERAMBRA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- ABDUL LATHEEF, S/O. MOIDEEN, NEELANCHERI HOUSE, THALAYAD P.O., KOZHIKODE. BY ADV. SRI.C.VIVEK RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------- 1. MOHAMMED RAFEEQUE, S/O. MOIDEEN KOYA, KARINHALI HOUSE, P.O. KAKKUR, NANMINDA, BALUSSERI, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO.3268 OF 2008 ------------------------------------------ Dated this the 24th day of September, 2008 O R D E R This petition is filed under section 397 and 401 of Code of Criminal Procedure challenging the dismissal of a private complaint filed by the petitioner, under section 204(4) of Code of Criminal Procedure. Petitioner filed a complaint against first respondent alleging the offence under section 138 of Negotiable Instruments Act. On 26.7.2008 the complaint was dismissed under section 204(4) of Cr.P.C., as there was no representation and no steps was taken by complainant to issue process to the accused. Case of the petitioner is that his counsel could not reach the Court in time due to traffic block and by the time he reached the Court, complaint was dismissed and failure to pay process was on account of the fault of the clerk of the counsel and in such circumstances the order is to be quashed and an opportunity is to be granted to the petitioner to take steps to first respondent. 2. As dismissal of the complaint was under section 204 of Code of Criminal Procedure and without serving notice on the CRRP3268/08 2 first respondent, it is not necessary to issue notice to first respondent in this revision. 3. As the complaint was dismissed on the failure to pay the process as directed by Court, and it is not due to the fault of the complainant but that of his counsel, in the interest of justice, an opportunity is granted to the petitioner to take steps. 4. Revision is allowed. The order dated 26.7.2008 is set aside. Petitioner is directed to take steps within ten days from today. If no steps is taken as directed, learned Magistrate is competent to dismiss the complaint under section 204(4) of Code of Criminal Procedure. M. SASIDHARAN NAMBIAR, JUDGE Okb/-