IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.Rev.Pet.No. 1376 of 2008() ------------------------------ ST.113/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... REVN. PETITIONER: ------------------ M/S.J.R.G WEALTH MANAGEMENT LTD, KOCHI-17,REPRESENTED BY AUTHORISED REPRESENTATIVE MR.S.SANJAYAN. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENTS: ------------------ 1. V.S.A ASHRAF ALI,NO.35,GANDHI IRWIN ROAD EGMORE,CHENNAI-600 008,TAMIL NADU. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1376 of 2008 ========================== Dated this the 29th day of May, 2008. O R D E R The petitioner, who is the complainant in S.T. No. 113 of 2007 on the file of the Judicial First Class Magistrate -III, Kochi which is a prosecution under Section 138 of the Negotiable Instruments Act involving a cheque for Rs.1,20,000/-, challenges the order dated 09.01.2008 passed by the Magistrate dismissing the complaint under Section 204(4) Cr.P.C for the reason that the complainant failed to take steps. 2. Since the complaint was dismissed even before the appearance of the accused, notice to the 1st respondent/accused is dispensed with. 3. It is true that there has been some latches on the part of the petitioner in taking necessary steps for the progress of the complaint. But the petitioner certainly did not deserve dismissal of its complaint. Accordingly, the impugned order is set aside and S.T. No. 113 of 2007 shall stand restored to file. The petitioner shall appear before the court below without any further CRL.R.P. NO. 1376/2008 : 2: notice on 18.06.2008 by which time the petitioner shall have done everything within his control for the further progress of the case. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1376/2008 : 3: