A.Nelson vs State Of Kerala Represented By Its on 2 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3047 of 2008()


1. A.NELSON, S/O.APPAVU NADAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

                For Petitioner  :SRI.G.P.SHINOD

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/09/2008

 O R D E R
                           V. RAMKUMAR, J.
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                       Crl.R.P.No.3047 of 2008
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                              02.09.2008

                                ORDER

The petitioner, who is the complainant in C.C.No.382 of 2005 on

the file of the J.F.C.M-V, Neyyatinkara in a prosecution under Section

138 of the Negotiable Instruments Act, 1881 involving a cheque for a

sum of Rs.24,500/- challenges the order dated 26.3.2008 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.

There might have been some latches 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.382 of 2005

shall stand restored to file. The petitioner shall appear before the

court below, without any further notice, on 19.09.08 by which time

he shall have taken all steps for the further progress of the complaint.

Dated this the 2nd day of September, 2008.

V. RAMKUMAR, JUDGE

sj