IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Crl.Rev.Pet.No. 2510 of 2008() ------------------------------ ST.1509/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER: PETITIONER --------------------------------------------------------- ANIL KUMAR, S/O. KARUNAKARAN, CHAKKALAYIL VEEDU, MARAMON P.O., THOTTAPPUZHASSERI MURI, THIRUVALLA VILLAGE BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. LALI PRASANNAN, W/O. PRASANNAN MAILANIKKUNNATHIL VEEDU, KURIYANNUR P.O. THOTTAPPUZHASSERI MURI, THIRUVALLA VILLAGE. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2510 of 2008 = = = = = = = = = = = = = = Dated this the 11 th day of August, 2008 ORDER The petitioner, who is the complainant in S.T.No.1509/2007 on the file of the J.F.C.M-I, Pathanamthitta in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.60,000/-, challenges the order dated 30.04.08 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. There might have been some latches 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.No.1509/2007 shall stand restored to file. The petitioner shall appear before the court below, without any further notice, on 25.08.08, by which time he shall have taken steps for the further progress of the complaint. Dated this the 11 th day of August, 2008. V. RAMKUMAR, JUDGE sj