IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.Rev.Pet.No. 2035 of 2011() ------------------------------ CC.2882/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, ERNAKULAM .................... REVN. PETITIONER(S): PETTIIONER/COMPLAINANT. -------------------------------------------- CYRIAC VARGHESE, AGED 86 YEARS, S/O.VARGHES,PUNNUAPPUZHA HOUSE,SOUTH PARAVOOR, UDAYAMPEROOR, ERNAKULAM DIOSTRICT, PIN-682 320. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): RESPONDENTS/ACCUSED & STATE. ------------------------------------------- 1. REJI JOSEPH, S/O.JOSEPH, KOOVALATHU HOUSE, SOUTH PARAVOOR P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT-682 320. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2035 of 2011 --------------------------------------------- Dated this the 19th day of October, 2011 ORDER Revision is against the dismissal of a complaint under Section 204(4) of the Code of Criminal Procedure. Revision petitioner filed a complaint for the offence under Section 138 of the Negotiable Instruments Act, (for short the N.I.Act), against the first respondent before the Additional Chief Judicial Magistrate Court, Ernakulam. After taking cognizance of the complaint, with other similar complaint cases it was transferred to IVth Additional Magistrte Court, Ernakulam. After such transfer the complainant did not receive any intimation or notice from the transferee Court, and, nearly two years later the complaint was dismissed under the impugned order for the reason of non-presentation and non-taking of steps under Section 204(4) of the Code of Criminal Procedure is the challenge raised in the revision. 2. The last posting date of the complaint was 3.12.2008, as and when it was before the Additional Chief Magistrate Court, Ernakulam, which took cognizance of the complaint, and after transfer for about two years and three months, the case was not Crl.R.P.No. 2035 of 2011 2 taken up before the transferee court is the allegation stated in the revision petition. A report was called for from the Judicial First Class magistrate Court, over the aforesaid allegations. The report sent would indicate that practical difficulties were faced by the transferee court due to inadequacy of staff to take prompt action in renumbering and also posting the case for consideration before court. Though there may be some substance in the grievance so stated in the report. I find the inordinate delay in renumbering of the case and posting the same by the transferee court was totally unpardonable. Lack of supervision and monitoring over the cases transfered cannot be wished away by stating that the inadequcy of the staff was culpable for delay in numbering the case after receipt it on transfer. I refrain from making any further comments. 3. The report would indicate that no individual notice was served on the complainant, but, notification was published before the notice board of the court and copy thereof given to the bar association. Before passing of the impugned order, a posting was seen given on the complaint two weeks prior to its dismissal. In the given facts and circumstances presented, Crl.R.P.No. 2035 of 2011 3 evidently the complainant cannot be found fault for not appearing before the court when the case/complaint was taken nearly two years after the last posting before the transferor court. I find that the complainant has to be provided one more opportunity to prosecute his complaint. His non-appearance on the two posting dates before transferee court could not be treated as wilfull or on account of any deliberate laches on his part. Setting aside the impugned order the magistrate is directed to take back the complaint to file and dispose it in accordance with law. Complainant is directed to appear before the court below on 21.11.2011 Revision disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge