IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Crl.Rev.Pet.No. 954 of 2008 ----------------------------- CC.354/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER: ------------------ PRATHAPCHANDRAN, PARAYIL HOUSE, EROOR,ERNAKULAM. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJU.K.V., KALAYIL THADATHIL HOUSE, KUYYITIKKAL P.O., MANITHAZHAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 954 of 2008 = = = = = = = = = = = = = = Dated this the 27th day of March, 2008 ORDER Petitioner, who is the complainant in C.C.No.354/2006 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam which was a prosecution under Section 138 of the Negotiable Instruments Act,1881 involving a cheque for Rs.1,00,000/-(Rupees one lakh only) challenges the order dated 18-2-2008 dismissing the complaint under Section 204(4) of the Code of Criminal Procedure for the reason that no process fee was deposited even after repeated chances. 2. Since the dismissal of the complaint was before the appearance of the accused before the Magistrate, notice to the 2nd respondent accused is dispensed with. No doubt the petitioner has been guilty of some laches in not depositing the process fee. But that certainly did not deserve CRRP.954/2008 -2- dismissal of the compliant. The learned Magistrate should have given the petitioner sufficient opportunity to remit the process fee for repeating the non-bailable warrant against the accused. The impugned order is accordingly set aside and C.C.No.354/2006 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 15-4-2008. By that time he shall have remitted the necessary process fee and done everything necessary for the further progress of the complaint. This Crl.R.P. is disposed of accordingly. V. RAMKUMAR, JUDGE ks.