THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3620 of 2010() ----------------------------- ( CC.1315/2007 of JUDL. FIRST CLASS IV, KOCHI) .................... REVN. PETITIONER/COMPLAINANT ---------------------------------------------------- M/S. BELL LEASING AND HIRE PURCHASE LTD. DOOR NO.40/9715, 1ST FLOOR, BHAGEERATHA SANTHAWANA, CHITTOOR ROAD, KOCHI-18. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER JAYAPRAKASH.N. BY ADVS. SRI.P.N.MOHANAN SRI.K.RAJESH SUKUMARAN RESPONDENTS/ACCUSED & STATE --------------------------------------------------- 1. MRS. JYOTHI RAVI, W/O. RAVI, 'MOHAN VIHAR', NEAR SNDP, IRUMPANAM, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ....................................... Crl.R.P. No. 3620 of 2010 ........................................ Dated this the 6th day of December, 2010. O R D E R The petitioner, who is the complainant in C.C. No. 1315 of 2007 on the file of the Judicial First Class Magistrate-IV, Kochi in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.64,000/- challenges the order dated 24.08.2009 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, the petitioner did not deserve a dismissal of its complaint. Accordingly, the impugned order is set aside and C.C. No.1315 of 2007 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 11.01.2011 by which time the petitioner shall have taken all steps for the further progress of the complaint. Dated this the 6th day of December, 2010. V. RAMKUMAR, JUDGE. rv