IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 5TH JULY 2007 / 14TH ASHADHA 1929 Crl.Rev.Pet.No. 421 of 1999() ----------------------------- CC.861/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... REVN. PETITIONER: COMPLAINANT ---------------------------------------------------- SATHEESH KUMAR S/O.THANKAPPAN PILLAI PUNNAVILAKATHU VEEDU VETTU ROAD KANIYAPURAM P.O. BY ADV. SRI.M.P.ASHOK KUMAR SRI.SAJAN SREERAJ RESPONDENT: ACCUSED -------------------------------- LALJI K.PANICKER MANAGING PARTNER PHEONIX EXPORTS AND TRAVELS SANTHOSH SHOPPING COMPLEX NEAR KANNAN VARKEY BRIDGE CIVIL STATION WARD, ALLEPPEY. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.R.P.No.421 of 1999 --------------------------------------------- Dated this the 5th day of July, 2007 ORDER The revision petitioner is the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act. The accused stands acquitted under Section 204(4) of Crl.P.C. as the complainant was absent. It is submitted by the revision petitioner that he was laid up on the particular day. 2. In the circumstances, the order of the court below is set aside. The court below is directed to permit the revision petitioner to further proceed with the matter and dispose of the case on merits. The court below shall issue fresh summons to the accused. The revision petitioner shall appear before the court below on 8.8.2007. The revision petition is allowed. K.R.UDAYABHANU, JUDGE csl