IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1590 of 2008()
1. M/S.GOKULAM CHITS & FINANCE COMPANY
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
2. PRADEEP.P., S/O.RAMAN KUTTY,
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/05/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 1590 of 2008
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Dated this the 29th day of May, 2008.
ORDER
In this revision filed under Section 397 r/w Section 401
Cr.P.C., the petitioner challenges the order dated 28.02.2008 in
S.T. No. 2071 of 2007 passed by the Judicial First Class
Magistrate-I, Sulthan Bathery acquitting the accused under
Section 256 Cr.P.C. The said case is a prosecution under Section
138 of the Negotiable Instruments Act in respect of a cheque for
Rs.2,03,071/-. Going by the diary extract produced by the
petitioner, the accused is yet to enter appearance since the
process has not been issued by the Magistrate and presumably
there was failure on the part of the petitioner to take steps. In
such a situation, the course open to the Magistrate was to
dismiss the complaint under Section 204(4) Cr.P.C. It was not
open to the Magistrate to acquit the accused under Section 256
Cr.P.C. Hence, the impugned order is treated as a dismissal
under Section 204(4) Cr.P.C. Since the accused has not entered
appearance before the Magistrate, notice to the 2nd
respondent/accused is dispensed with.
CRL.R.P. NO. 1590/2008 : 2:
2. There must have been some latches on the part of the
petitioner in taking steps. But he certainly did not deserve
dismissal of hiscomplaint. Accordingly, the impugned order is set
aside and S.T. No. 2071 of 2007 is restored to file and the
petitioner shall appear before the learned Magistrate without any
further notice on 17.06.2008 by which time he shall have taken
all steps for the further progress of the case.
This Crl.M.C. is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
CRL.R.P. NO. 1590/2008 : 3: