IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Crl.Rev.Pet.No. 162 of 2010() ----------------------------- STC.1423/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER/PETITIONER:- ------------------------------------- ABDUL MAJEED, AGED 37 YEARS, S/O.MOIDEEN, RESIDING AT MEETHAL MOUVAL, PALLIKERA VILLAGE, P.O.MOUVAL, KASARGOD DISTRICT. BY ADV. MR. SURESH KUMAR KODOTH RESPONDENTS/ACCUSED & STATE:- ----------------------------------------- 1. SALIH, S/O.SULAIHMAN, AGED 34 YEARS, HYDRE MASJID ROAD, CHOORI POST, R.D.NAGAR, KUDLU, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ====================== Crl.R.P. No. 162 of 2010 ====================== Dated this the 18th day of January, 2010. O R D E R The petitioner, who is the complainant in S.T.C No.1423 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.2,10,000/-, challenges the order dated 04.12.2009 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.1423 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 11th day of January, 2010. V. RAMKUMAR, JUDGE. rv