IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.Rev.Pet.No. 838 of 2008() ----------------------------- CC.450/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM .................... REVN. PETITIONER: REVISION PETITIONER ------------------------------------- SHIBU T.P. THANIKUZHIYIL HOUSE, MARANGATTULLY KAA THIRUVANIYOOR P.O.,PUTHENCRUZE. BY ADV. SRI.SURESH JOSE SRI.O.V.ABRAHAM RESPONDENTS: ------------- 1. JOY THOMAS, SKY LINE TOURS AND TRAVELS PIRAVOM, PIRAVOM P.O., ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.838 of 2008 = = = = = = = = = = = = = = Dated this the 12th day of March, 2008 ORDER Th petitioner who is the complainant in C.C.No.450 of 2006 on the file of the Additional Chief Judicial Magistrate( Economic Offences), Ernakulam, challenges the order dated 28.6.2007 passed by the Magistrate dismissing the complaint under Section204 (4) Cr.P.C on the ground that no process fee has been deposited by the complainant. The cheques involved in this case are for a total amount of Rs.75,000/- (Rupees seventy five thousand only). 2. It is true that there has been some latches on the part of the complainant. But that certainly did merit a dismissal of the complaint. Being a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the learned Magistrate should have been indulgent in giving the petitioner adequate opportunity to remit the process fee. Accordingly the impugned order is set aside and C.C.No.450 of 2006 shall stand Crl.R.P.No.838 of 2008 2 restored to file. The petitioner shall appear before the court below on 7.04.08 without any further notice. By that time he shall have remitted the process fee and taken all steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj