IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Crl.Rev.Pet.No. 2386 of 2008() ------------------------------ S.T. NO. 181 OF 2004 ON THE FILE OF THE J.F..CM. IV, KOCHI REVN. PETITIONER: ------------------ T.X.ANTONY, THERUVIL HOUSE, 14/38, CHULLICKAL, KOCHI,PIN-682 005. BY ADV. SRI.K.J.ABRAHAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. RASVI AHAMMED IKFAZIA MANZIL, 7'1204, PG.AUGUSTINE ROAD, NEAR SUJATHA THEATERE, PANAYAPPILLY, KOCHI-682002. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 2386 of 2008 * * * * * * * * * * * * * * * * * * Dated: 17-07-2008 ORDER Petitioner who is the complainant in S.T. 181 of 2004 on the file of the J.F.C.M. IV, Kochi which is a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 60,000/- challenges the order dated 1-2-2008 passed by the Magistrate dismissing the complaint under Sec. 204 (4) Cr.P.C. for the non- appearance of the complainant and for failure to take steps. 2. There might have been some laches on the part of the petitioner. But the petitioner certainly did not deserve dismissal of his complaint. The impugned order is accordingly set aside and S.T. No. 181 of 2004 shall stand restored to file. Petitioner shall appear before the Magistrate without any further notice on 5-8-2008 by which time he shall have taken all necessary steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.