IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Crl.Rev.Pet.No. 829 of 2009() ----------------------------- C.M.P. NO. 1404 OF 2008 OF J.F.C.M. II, THIRUVANANTHAPURAM REVN. PETITIONER(S): --------------------- SAVIOUR, S/O. JOHN, RESIDING AT RANNIVILA PUTHEN VEEDU, M.G. NAGAR 38, PROORKADA, THIRUVANANTHAPURAM BY ADV. SRI.G.P.SHINOD RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. .......................................................... Crl.R.P. No. 829 of 2009 .......................................................... Dated: 6th March 2009 ORDER The revision petitioner who was the complainant in a private complaint filed as C.M.P. 1404 of 2008 before the J.F.C.M.II, Thiruvananthapuram alleging the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 79,000/- challenges the order dated 29-11-2008 passed by the Magistrate dismissing the complaint at the pre-cognizance stage due to the absence of the complainant. 2. Even if there was some laches on the part of the complainant in not appearing before the Magistrate, he certainly did not deserve dismissal of his complaint. Moreover, a complaint cannot be dismissed at the threshold . It can only be rejected. Dismissal of a complaint under Crl.R.P. 829 of 2009 -:2:- Sec. 203 Cr.P.C. can be had only at the post-cognizance stage. Since the dismissal of the complaint was even before issuing notice to the accused, notice to the accused in this revision is dispensed with. The impugned order is set aside. T he petitioner/complainant shall appear before the court below without any further notice on 30-3-2009 by which time he shall be ready for the further progress of the case. This Revision Petition is disposed of as above. Dated this the 6th day of March 2009. V.Ramkumar, Judge.