IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.Rev.Pet.No. 1984 of 2008() ------------------------------ ST.618/2005 of JUDICIAL FIRST CLASS MAGISTRATE-IV, KOCHI .................... REVN. PETITIONER/COMPLAINANT: --------------------------------------- M/S. LEO EMPORIUM,MICHAEL BUILDING, ST. ALBERT'S HIGH SCHOOL LANE, ERNAKULAM, KOCH-35, REP. BY ITS MANAGER & POWER OF ATTORNEY HOLDER, ANTONY CHRISTOPHER FERNANDEZ. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/ACCUSED & STATE: --------------------------------------- 1. VIJAYAKUMAR, MANAGING PARTNER, M/S. FREEZING POINT, VADAKKENADA, CHERTHALA. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No.1984 of 2008 ========================== Dated this the 19th day of June, 2008. ORDER The petitioner, who is the complainant in S.T. No. 618 of 2005 on the file of the Judicial First Class Magistrate-IV, Kochi, which was a prosecution under Section 138 of the Negotiable Instruments Act, involving a cheque for Rs.74,000/-, challenges the order dated 22.11.2007 passed by the Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the default in the appearance of the complainant and also for the failure to take steps. 2. There might have been some latches on the part of the petitioner/complainant in taking steps. But, he certainly did not deserve a dismissal of his complaint. Accordingly, S.T. No. 618 of 2005 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 30.06.2008 by which time he shall have taken all necessary steps for the further progress of the case. This Crl.R.P. is disposed of as above. Dated this the 19th day of June, 2008. V. RAMKUMAR, JUDGE. rv