John Pallan vs K.L.Balachandran Nair on 18 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 471 of 2009()


1. JOHN PALLAN, PROPRIETOR, GARUDA
                      ...  Petitioner

                        Vs



1. K.L.BALACHANDRAN NAIR,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.MATHEWS K.PHILIP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/02/2009

 O R D E R
                           V.RAMKUMAR, J.
               .................................................
                     Crl.R.P. No. 471 of 2009
               ................................................
                          Dated: 18-2-2009

                                O R D E R

The petitioner, who is the complainant in S.T. No. 2662 of
2007 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 Rs. 2,50,000/- challenges the order dated
30-04-2008 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 S.T. No.2662 of
2007 shall stand restored to file. The petitioner shall appear
before the Court below, without any further notice, on 10-3-2009
by which time he shall have taken all steps for the further progress
of the complaint.

Dated this the 18th day of February, 2009.

Sd/-V. RAMKUMAR, JUDGE.

/true copy/

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