IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.Rev.Pet.No. 1829 of 2008() ------------------------------ ST.1590/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER: ------------------ M/S. GODAVARI LEASING & FINANCE (P) LTD G-214, PANAMPILLY NAGAR, KOCHI - 682 026 REPRESENTED BY ITS PRINCIPAL OFFICER AND POWER OF ATTORNEY HOLDER SRI. R.K. RAMESH SHENOY, S/O. P.R. SHENOY BY ADV. SRI.JOHN JOSEPH(ROY) SRI.RUSSEL JOY RESPONDENTS: ------------- 1. RAFEEQUE N.M., 13/502, KOCHANGADI, KOCHI - 682 005 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 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1829 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-06-2008 ORDER Petitioner who is the complainant in S.T. 1590 of 2003 on the file of the Chief Judicial Magistrate, Ernakulam challenges the order dated 15-1-2008 dismissing the complaint under Sec. 204 (4) Cr.P.C. for failure to take steps for issuing summons. The above case is a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 87,000/-. 2. Since the order was passed prior to the physical appearance of the accused before the learned Magistrate, notice to the first respondent/accused is dispensed with in this Revision. 3. There might have been some laches on the part of the petitioner in taking the necessary steps. But he certainly did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside. S.T. No. 1590 of 2003 shall stand restored to file. The petitioner shall appear before the learned Magistrate without any further notice on 27-6-2008 by which time he shall have taken all necessary steps for the further progress of the complaint. This Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.