IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Crl.Rev.Pet.No. 180 of 2010() ---------------------------------------------- STC.810/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER: --------------------------------- P.V. THAMBAN, AGED 55 YEARS, S/O. LATE P.V. KUNHIRAMAN, CHANDRAGIRI, NR. POLICE STATION NILESHWAR, KASARAGOD DISTRICT. BY ADV. MR. T.B.SHAJIMON MS. GOVINDU P.RENUKADEVI RESPONDENTS:- -------------------------- 1. T.V. PAVITHRAN, AGED 35 YEARS, S/O. CHANDU, NR. GOVT. HOSPITAL, HOSPITAL ROAD, TAIKADAPPURAM, NILESHWAR, KASARAGOD DISTRICT, KASARAGOD. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 180 of 2010 ====================== Dated this the 19th day of January, 2010. O R D E R The petitioner, who is the complainant in S.T.C No.810 of 2008 on the file of the Judicial First Class Magistrate -II, Hosdurg in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.45,000/-, challenges the order dated 23.12.2009 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.C. No. 810 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 15.02.2010 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 19th day of January, 2010. V. RAMKUMAR, JUDGE. rv