IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.Rev.Pet.No. 2632 of 2004() ------------------------------ CC.1359/2002 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... REVN. PETITIONER(S): COMPLAINANT: --------------------------------- JUSTIN. D., ANUVILLA, MUTTATHUPADY, KURISUMMOOU P.O., CHANGANASSERRY. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): STATE : ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2632 of 2004 * * * * * * * * * * * * * * * * * * Dated: 06-01-2010 ORDER The revision petitioner who was the complainant in C.C. No. 1359 of 2002 on the file of the J.F.C.M. , Changanassery, challenges the order dated 21-2-2004 passed by the learned Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. The above case was a prosecution under Sec. 138 of the N.I. Act involving a cheque for Rs. 5,00,000/-. 2. No doubt, the petitioner has been guilty of some laches in not furnishing the correct address of the accused so as to enable the court below to issue process. But, he certainly did not deserve a dismissal of his complaint under Sec. 204 (4) Cr.P.C. Hence, the impugned order is set aside and C.C. No. 1359 of 2002 is restored to file. The petitioner shall appear before the Court below on 27-1-2010 without any further notice with all preparation for the issue of process against the accused. This Crl.R.P. is disposed of as above. Dated this the 6th day of January, 2010. V. RAMKUMAR, (JUDGE) ani/ ani.