IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Crl.Rev.Pet.No. 455 of 2008() ----------------------------- ST.121/2005 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER: COMPLAINANT ---------------------------------------------------------- V.P.JOSEPH, VALLOORAN HOUSE NARAKKAL, ERNAKULAM. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENTS: ACCUSED & STATE ------------------------------------------------------------ 1. MAKKAR, S/O.KOCHIMADATHIL BAVA PALAPRASSERYKARAYIL, NR.CHOUKKA MUSLIM MOSQUE ATHANI, CHENGAMANAD P.O. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MS.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.455 of 2008 = = = = = = = = = = = = = = Dated this the 28th day of February, 2008 ORDER The petitioner, who is the complainant in S.T.No.121/2005 on the file of the J.F.C.M-I, Kochi for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in respect of a cheque for a sum of Rs.10,000/-, challenges the order dated 29.09.07 passed by the learned Magistrate dismissing the complaint under Section 204(4) Cr.P.C for failure on the part of the petitioner to deposit the process fee. 2. It is true that there has been some latches on the part of the complainant. But he certainly did not deserve an order of dismissal of the complaint. Accordingly, the impugned order is set aside and S.T.No.121 of 2005, shall stand restored to file. The petitioner shall appear before the court below on 18.03.08, by which time he shall have remitted the process fee and shall have done all that is necessary for the further progress of the complaint. V. RAMKUMAR, JUDGE sj