IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MARCH 2008/6TH CHAITHRA 1930 Crl.Rev.Pet.No. 667 of 2008 ----------------------------- CC.1749/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: COMPLAINANT ----------------------------- SYNDICATE BANK, REPRESETNED ITS SENIOR BRANCH MANAGER, K.K.SREEKUMAR TRIPUNITHURA BRANCH, PALAKATTU BUILDING MARKET JUNCTION, THRIPUNITHURA-682301. BY ADV. SRI.M.K.DILEEPAN SMT.P.SUMITHRA RESPONDENTS: ACCUSED & STATE ---------------------------- 1. PADMAKUMAR, C/O.PADMARAM ASSOCIATES SADIYA BUILDING, PONNURUNNY, VYTTILA,KOCHI-19. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26-3-2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.667 of 2008 = = = = = = = = = = = = = = Dated this the 26TH DAY OF MARCH , 2008 ORDER The petitioner, who is the complainant in C.C.No.1749/2007 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.19,500/-, challenges the order dated 31-12-2007 dismissing the complaint under Section 204 (4)of the Code of Criminal Procedure for the reason that no steps were taken. 2. It is true that there has been some laches on the part of the complainant. But then, in a C.C.case of 2007 the complainant certainly did not deserve dismissal of his complaint for failure to take steps. The learned Magistrate should have given some more time to the petitioner. Accordingly, the impugned order is set aside and C.C.No.1749/2007 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 18-4-2008. By that time he shall have remitted the necessary process fee and done everything necessary for the further progress of the complaint. This Crl R.P.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.