IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.Rev.Pet.No. 2043 of 2008() ------------------------------ CC.520/2002 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: COMPLAINANT ----------------------------- M/S.BENZ AUTOMOBILES PVT.LTD,(NOW KNOWN AS M/S.FOCUZ AUTOMOBILES),KODIMATHA,KOTTAYAM PVT. LTD.FOCUZ TOWERS EDAPPALLY.PO,COCHIN-682024,REP;BY P/A.HOLDER,SRI.ANANDKUMAR.T.A,S/O.ANIRUDHAN.T.K, AUTHORISED OFFICER, M/S.FOCUZ CORPORATION PVT.LTD. FOCUZ TOWERS,EDAPPALLY,COCHIN-682024. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS: ACCUSED -------------------- 1. MATHEW ZACARIA, PATTAMANA HOUSE, THENIDDUKU, VADAKKANCHERRY, PALAKKAD DISTRICT-678 683. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2043 of 2008 = = = = = = = = = = = = = = Dated this the 26 th day of June, 2008 ORDER The petitioner, who was the complainant in C.C.No.520 of 2002 on the file of the Chief Judicial Magistrate, Ernakulam which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs.11,400/-, challenges the order dated 4.04.08 passed by the Chief Judicial Magistrate, dismissing the complaint under Section 204(4) Cr.P.C, due to the absence of the complainant and also due to failure to take steps. 2. There might have been some latches on the part of the petitioner in not taking steps for the further progress of the complaint. The fact that the accused in the case continues to remain absconding cannot be lost sight of. Hence the default on the part of the petitioner certainly did not deserve dismissal of his complaint. 3. Accordingly, C.C.No.520 of 2002 shall certainly stand restored to file. The petitioner shall appear before the court Crl.R.P.No.2043 of 2008 2 below without any further notice on 16.7.08, by which time he shall have taken all necessary steps for the further progress of the complaint. I am told that on account of the failure to serve summons and warrant on the accused, steps under Sections 82 and 83 Cr.P.C are being taken. Having regard to the fact that the cheque amount is only a paltry amount, the Magistrate may consider whether it should direct the copy of the proclamation to be published in a daily news paper under clause (ii) of Section 82 (2) Cr.P.C and whether it is not sufficient to publish the proclamation by the other modes referred to in sub-section 2 of Section 82 Cr.P.C. This Crl.R.P. is disposed of as above. Dated this the 26 th day of June, 2008. V. RAMKUMAR, JUDGE sj