IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.Rev.Pet.No. 1105 of 2009() ------------------------------ ST.883/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THIRUVANANTHAPURAM. REVN. PETITIONER(S)/COMPLAINANT :- ---------------------------------------------------------------------- POPULAR AUTO DEALERS (P) LTD., PALLICKAL PLAZA, STADIUM LANE, M.G.ROAD, MANNAMTHALA, TRIVANDRUM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.K.MANOJ. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): ACCUSED :- ---------------------------------------------------------- 1. MR.GIRIJA VALLABHAN, OM SAKTHI, MARUTHI AUTHORIZED SERVICE STATION, MAMON, ATTINGAL-695 104. 2. MR.SIBI SIMON, PLANET CAR ACCESSORIES, (ABOVE INDUS MOTORS), MAMON, ATTINGAL-695 104. 3. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI JAYAKRISHNAN FOR R3 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 1105 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of March, 2009 O R D E R The petitioner, who is the complainant in S.T. No. 883/2007 on the file of the Judicial Magistrate of First Class Court-II, Thiruvananthapuram in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.22,850/- challenges the order dated 28-8-2008 passed by the learned Magistrate dismissing the complaint under Section 204 (4) Cr.P.C. for the absence of the petitioner/ complainant and also for the failure to remit process fee. 2. There might have been some laches on the part of the petitioner/complainant in not taking steps at the right time. However, the petitioner did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and S.T. No.883/207 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 20-4-2009 by which time the petitioner shall have taken all steps for the further progress of the complaint. This petition is disposed of as above. V. RAMKUMAR, BA -2- JUDGE. mn.