IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.Rev.Pet.No. 2300 of 2009 ------------------------------ ST.422/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... REVN. PETITIONER/COMPLAINANT: --------------------------------- M/S.BELL LEASING AND HIRE PURCHASE LTD., DOOR NO.40/9715, IST FLOOR, BHAGEERATHA SANTHWANA, CHITTOOR ROAD, KOCHI-18, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER JAYAPRAKASH N. BY ADV. SRI.P.N.MOHANAN SRI.K.RAJESH SUKUMARAN RESPONDENTS/ACCUSED & STATE: ------------------------------- 1. SHAJI K., S/O.KASIM, THYPARAMBIL HOUSE, P.H.WARD, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SRI C S HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- Crl.R.P.No.2300 of 2009 --------------------------------------- Dated this 16th day of July 2009 ORDER Since order under challenge is one dismissing the complaint under section 204(4) of the Code of Criminal Procedure, notice to respondent No.1 is dispensed with. Heard counsel for petitioner and public prosecutor. 2. This revision is in challenge of order dated 09-05-2008 in S.T.No.422 of 2007 of the court of learned Judicial First Class Magistrate-III, Kochi. Complaint preferred by the petitioner for offence punishable under section 138 of the Negotiable Instruments Act was dismissed as per impugned order for the reason that there was no representation for petitioner and steps were not taken from 17-07- 2007 onwards. Learned counsel submits that the case was originally filed and taken cognizance in the court of learned Chief Judicial Magistrate, Ernakulam and thereafter case was transferred to the court of learned Judicial First Class Magistrate, Kochi. Petitioner was under the impression that the case will be called in the court of Judicial First Class Magistrate-1, Kochi but it happened that the case was called in learned Judicial First Class Magistrate-III, Kochi and disposed of on 09- 05-2008 as aforesaid. 3. Learned counsel submits that after the case was transferred to the court at Kochi there were only four postings Crl.R.P.No.2300 of 2009 2 including that on 09-05-2008 and that non appearance in the court below was on account of the above reason. I am inclined to think that non appearance or failure to take steps was not on account of any willful failure or latches on the part of petitioner. Hence I am inclined to give petitioner an opportunity to prosecute complaint. Resultantly this revision is allowed. Order under challenge is set aside and the case is remitted to the court of learned Judicial First Class Magistrate-III, Kochi for disposal in accordance with law after giving petitioner an opportunity to take necessary steps. Petitioner shall appear in that court on 20-08-2009. THOMAS P JOSEPH, JUDGE Sbna/