High Court Kerala High Court

M/S.Punjab National Bank vs K.Rajesh on 26 June, 2008

Kerala High Court
M/S.Punjab National Bank vs K.Rajesh on 26 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2041 of 2008()


1. M/S.PUNJAB NATIONAL BANK,
                      ...  Petitioner

                        Vs



1. K.RAJESH, PARCEL OFFICE,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.SURENDRA MOHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/06/2008

 O R D E R
                          V. RAMKUMAR, J.
                       = = = = = = = = = = = = =
                        Crl.R.P.No.2041 of 2008
                      = = = = = = = = = = = = = =
                 Dated this the 26th day of June, 2008

                                  ORDER

The petitioner, who was the complainant in a private complaint

filed as MP No.3781 of 2007 under Section 138 of the Negotiable

Instruments Act, 1881 involving a cheque for a sum of Rs.19,800/-,

challenges the order dated 7.12.07 passed by the learned Magistrate

dismissing the application filed as MP No.3781 of 2007 to condone the

delay and consequently dismissing the complaint.

2. There might have been some latches on the part of the

complainant in not taking steps to issue notice to the accused on the

delay petition (MP No.3781/07). But he certainly did not deserve a

dismissal of the petition and consequently rejection of his complaint.

3. Accordingly the impugned order is set aside and MP No.3781

of 2007 shall stand restored to file. The petitioner shall appear before

the court below without any further notice on 10.07.08, by which time

he shall have taken all necessary steps for issuing notice to the

accused on the delay petition.

This Crl.R.P. is disposed of as above.

Dated this the 26th day of June, 2008.

V. RAMKUMAR, JUDGE

sj