IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.Rev.Pet.No. 274 of 2008() ----------------------------- CC.1795/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER: COMPLAINANT ----------------------------- BANK OF BARODA, A BODY CORPORATE CONSTI- TUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING)ACT HAVING ITS HEAD OFFICE AT MANADAVI, BARODA AND A BRANCH INTERALIA AT PATHANAMTHITTA-689645, REP.BY ITS SR.BR.MANAGER, (AT PRESENT M.C.JOSEKUTTY, S/O. CHACKO BABY). BY ADV. SRI.LIJU.V.STEPHEN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 274 of 2008 * * * * * * * * * * * * * * * * * * Dated: 7-2-2008 ORDER Petitioner who is the complainant bank in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 in respect of a cheque involving a sum of Rs. 30,000/- challenges the order dated 4-12-2007 passed by the J.F.C.M.I, Pathanamthitta dismissing the complaiant under Sec. 204 (4) Cr.P.C. 2. The learned counsel for the petitioner submitted that it was on account of a bona fide omission on the part of the counsel for the complainant that adequate process was not remitted for repeating the bailable warrant against the accused. Being a complaint of the year 2006, the learned Magistrate should have been indulgent towards the complainant instead of dismissing the complaint for failure to take steps . Accordingly, the impugned order is set aside and C.C. No. 1795 of 2006 will stand restored back to file. The petitioner shall appear before the court below on 25-2-2008 by which time he shall have remitted the process fee and done everything within his control for the further progress of the case. This Crl.R.P. is disposed of as above after dispensing with notice on the accused who is still absconding before the Court belowl. V. RAMKUMAR, (JUDGE) ani.