IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Crl.Rev.Pet.No. 198 of 2009(D) ---------------------------------------- AGAINST THE ORDER DATED 05/07/2008 IN CMP. 5234 /2007 IN CMP.5235/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM REVN. PETITIONER(S): PETITIONER ------------------------------- CHANDRA MOHAN R.S., S/O. RAMACHANDRAN, GOWRI GOWTHAM, T.C.12/208 (2), PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.S.BIJU SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS P.THOMAS @ SHAJI, S/O. THOMAS, HOUSE NO. 369, T.A.R.A.KATTUMBHAGAM, NEAR ST.JOSEPH SCHOOL, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============= Crl.R.P. No.198 of 2009 ---------------------------------------- Dated, this the 11th day of February, 2009 ORDER The petition filed as C.M.P.No.5235 of 2007 by the Revision Petitioner along with his private complaint filed as C.M.P.No.5234 of 2007, stands dismissed illegally refusing to condone the delay of 17 days in filing the private complaint under Section 138 of the Negotiable Instruments Act, 1881. I am not going into the merits of the grounds put forward in support of the petition to condone the delay. The petition certainly did not merit dismissal at the threshold. The impugned order in C.M.P.No.5235 of 2007 is accordingly set aside. Consequently, the dismissal of the private complaint shall also stand set aside. The learned Magistrate shall issue notice to the accused in C.M.P.No.5235 of 2007. This Crl.R.P. is disposed of as above. Dated this the 11th day of February, 2009. V.RAMKUMAR, (JUDGE) skr