IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.Rev.Pet.No. 1029 of 2010() ------------------------------ C.C. NO. 572/2008 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE REVN. PETITIONER: PETITIONER/ COMPLAINANT:- -------------------------------------------------------- T.P. UMMER, AGED 33 YEARS, S/O. RAMA, POOVATHUMKANDI PARAMBA HOUSE, PARUTHIPARA P.O., FAROOK COLLEGE, KOZHIKODE REPRESENTED BY POWER OF ATTORNEY HOLDER, HAMSAKOYA, S/O. MUHAMMED MULLA, POOVATHUMKANDI PARAMBA HOUSE, PARUTHIPARA P.O. FAROOK COLLEGE, CALICUT. BY ADV. MS. T.V.NEEMA RESPONDENT: --------------- STATE OF KERALA REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1029 of 2010 ========================== Dated this the 24th day of March, 2010. ORDER The petitioner, who is the complainant in C.C. No.572 of 2008 on the file of the Special Judicial First Class Magistrate (Marad Cases), Kozhikode in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.3,17,000/-, challenges the order dated 31.12.2009 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.572 of 2008 shall stand restored to file. The petitioner shall appear before the Court below, without any further notice, on 19.04.2010 by which time he shall have taken all steps for the further progress of the complaint. This revision is disposed of as above. Dated this the 24th day of March, 2010. V. RAMKUMAR, JUDGE. rv