IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Crl.Rev.Pet.No. 288 of 2010() ----------------------------- ST.1755/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PONNANI .................... PETITIONER/ COMPLAINANT:- --------------------------------- MALIYEKKALAHAMMED, S/O. KUNHI BAVA MUSLIAR, MALIYEKKAL HOUSE, PATHAYI CENTRE, KANJIRAMUKKU P.O., PONNANI, MALAPPURAM (REPRESENTED BY THE POWER OF ATTORNEY HOLDER, NALAKATHU ASHRAF, S/O. MOIDEENKUTTY MUSLIAR, PONNANI NAGARAM, VELLEERI, PONNANI. BY ADV. MR. C.V.MANUVILSAN MR. P.G.SURESH MS. K.VIDYA MANUVILSAN MR. M.R.VIBIN RESPONDENTS/ACCUSED:- ------------------------------ 1. SURESH GEORGE, S/O. P.C. GEORGE, PRATHIYEDATHU HOUSE, OPP. MARTHOMA CHURCH, KATTUPUZHA P.O., THIRUVALLA, PATHANAMTHITTA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 288 of 2010 ====================== Dated this the 22nd day of January, 2010. O R D E R The petitioner, who is the complainant in S.T. No.1755 of 2006 on the file of the Judicial First Class Magistrate, Ponnani in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.10,00,000/-, challenges the order dated 26.09.2009 passed by the learned Magistrate dismissing the complaint under Section 204 (4) Cr.P.C. for the absence of the petitioner/complainant and also for the failure to remit process fee. 2. There might have been some laches on the part of the petitioner/complainant in not taking steps at the right time. However, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No.1755 of 2006 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 22.02.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 22nd day of January, 2010. V. RAMKUMAR, JUDGE. -:2:- rv