IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.Rev.Pet.No. 2275 of 2008() ------------------------------ MP.541/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER: PETITIONER ---------------------------- ARUN SANKAR, S/O.SANKARAN NAIR, 'SREESHYLAM', TC XXIX/88, VIVEKODHAYAM SCHOOL LANE, THRISSUR - 1, REPRESENTED BY POWER OF ATTORNEY HOLDER, DHANAYAN, S/O.RAMAN, 'UDAYAM', CHEROOR P.O., THRISSUR. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENTS: STATE & PETITIONER ------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.O.VARGHESE, PILLACHIRA HOUSE, INDUSTRIAL NAGAR, CHANGANASSERY, KOTTAYAM. BY PUBLIC PROSECUTOR SRI.P. RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 2275 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14-07-2008 ORDER Petitioner who is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 filed as a private complaint registered as Crl.M.P. No. 5417 of 2008 involving a cheque for Rs. 4,00,000/- challenges the order dated 23-04-2008 passed by the J.F.C.M. I, Thrissur dismissing the complaint filed out of time consequent on the rejection of the request to condone the delay of 96 days in filing the complaint. The delay was refused to be condoned even without ordering notice to the accused. In fact, the impugned order states as follows:- “The affidavit filed makes out a case that, the records were misplaced”. If this was the observation prima facie made by the Magistrate, then he should have ordered notice on the delay petition to the accused. The impugned order is, accordingly, set aside and the delay petition stands restored to file and the learned Magistrate shall issue notice on the question of delay to the accused and dispose of the delay petition after hearing both sides. This Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.