IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3721 of 2010() ------------------------------------ CC.330/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV., ERNAKULAM. .................... PETITIONER(S): COMPLAINANT ------------------------------------- K.E.ABDUL SALIM, S/O.K.A.EBRAHIM, AGED 31 YEARS, KIZHAKKE ANJIKKATH, AMBALAM ROAD, CHANGAMPUZHA NAGAR P.O., KOCHI, PIN-682 024. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S): ACCUSED -------------------------------- 1. MRS.SHEELA JOSEPH, W/O.JOSEPH JOHN, AGED ABOUT 39 YEARS, PROPRIETRIX, LAMITECH ELECTRONICS (INDIA), HIG-45, PANAMBILLY NAGAR, ERNAKULAM – 682 031. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ....................................... Crl.R.P. No. 3721 of 2010 ........................................ Dated: 21-12-2010 O R D E R The petitioner, who is the complainant in C.C. No. 330 of 2009 on the file of the J.F.C.M. IV, Ernakulam in a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of ` 50,000/- challenges the order dated21- 08-2010 passed by the learned Magistrate dismissing the complaint under Section 204 (4) Cr.P.C. for the absence of the petitioner complainant and also for the failure to remit process fee. 2. There might have been some laches on the part of the petitioner/complainant in not taking steps at the right time. However, he did not deserve a dismissal of his complaint. Accordingly, the impugned order is set aside and C.C. No. 330 of 2009 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 21-01- Crl.R.P. No. 3721 of 2010 -:2:- 2011 by which time he shall have taken all steps for the further progress of the complaint. Dated this the 21st day of December, 2010. V. RAMKUMAR, JUDGE. ani/