IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.Rev.Pet.No. 105 of 2000 -------------------------------------------- CRMP.7811/1998 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER/COMPLAINANT: --------------------------------------------------------- BIJOY JOHN S/O V.C.JOHN VALIYAKALAYAIL RAJAGIRI KALAMASSERI ERNAKULAM BY ADV. SRI.S.SREEKUMAR RESPONDENTS/ACCUSED - STATE: -------------------------------------------------------- 1. SUNIL VARGHESE MALIKEAL HOUSE PUTHENPARAMBIL ROAD PALARIVATTOM ERNAKULAM 2. STATE OF KERALA REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.105 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April 2008 ORDER Complainant in a prosecution under Section 138 of the Negotiable Instruments Act has preferred this revision petition impugning the order passed by the learned Magistrate at the pre- cognizable stage holding that no offence under the Act had been made out. 2. The learned Magistrate, while noticing the endorsement on the reverse side of the postal cover in which the demand notice was issued, observed that since the endorsement of the postman returning the postal cover to the sender was on May 28, 1998, the complaint ought to have been filed within 30 days there from. But the learned Magistrate obviously overlooked the postal seal with the date 8-6-1998. Learned counsel for the petitioner has made available a photocopy of the postal cover for perusal at the time of hearing. I am satisfied that the impugned order cannot be sustained. Therefore, the order is set aside. The court below is directed to consider the matter afresh and pass appropriate orders in accordance with law. jes (A.K.BASHEER, JUDGE) A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.105 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 4th April 2008