IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.Rev.Pet.No. 1620 of 2008() ------------------------------ ST.844/2006 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... REVN. PETITIONER: COMPLAINANT: ------------------------------ MODERN SPORTS INDUSTRIES, E.R.G.ROAD, ERNAKULAM, KOCHI-14, REPRESENTED BY ITS PROPRIETOR, ANIL MAHAJAN. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENTS: ACCUSED: --------------------- 1. MARGIN FREE HYPERMARKET (LASA ENTERPRISES), THOPPUMPADY, KOCHI-5, REPRESENTED BY ITS MANAGING PARTNER, ANEEZ J.M. 2. ANEEZ J.M., AGED 35 YEARS, MANAGING PARTNER, MARGIN FREE HYPERMARKET, THOPPUMPADY, RESIDING AT JOURIATH HOUSE, VENNALA P.O., CHAKKARAPARAMBU, KOCHI. 3. K.H. LATHEEF, AGED 55 YEARS, PARTNER, MARGIN FREE HYPERMARKET, THOPPUMPADY, RESIDING AT KALLATTIL HOUSE, KAPPALANDIMUKKU, KOCHI. 4. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA KOCHI-31. BY PUBLIC PROSECUTOR SRI.C.M.NAZER THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - CRL.R.P. No. 1620 of 2008 - - - - - - - - - - - - - - - - Dated this the 26th day of May 2008 O R D E R Petitioner, who is the complainant in S.T.No.844/2006 on the file of the JFCM III, Kochi, in a prosecution under Section 138 of the Negotiable Instruments Act involving a cheque for Rs.20,580/- challenges the order dated 8/1/2008 passed by the Magistrate dismissing the complaint under Section 204(4) Cr.P.C. as against A3 for not taking steps. 2. The petitioner submitted that he had taken sufficient steps against A3, but A3 continuously remained absconding as he is involved in more than three dozens of cases for similar offences. 3. There might have been some laches on the part of the petitioner in taking steps against A3. But the petitioner certainly did not deserve a dismissal of his complaint as against A3. Accordingly, the impugned order, so far as it dismissed the complaint as against A3, is set aside and S.T.844/2006 shall be CRRP 1620/2008 2 proceeded against A3 also. The petitioner shall appear before the court below without any further notice on 16.6.2008, by which time he shall have done everything necessary for the further progress of the case as against A3. V. RAMKUMAR, JUDGE css/