M/S Plastek vs Salim on 28 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 848 of 2007()


1. M/S PLASTEK, REP. BY MR.G.R.KURUP,
                      ...  Petitioner

                        Vs



1. SALIM, PROPRIETOR,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.M.K.DILEEPAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :28/02/2007

 O R D E R
                               K.R. UDAYABHANU, J

                  =================================

                           CRL. R.P. NO.  848 OF 2007

                  =================================

                  Dated this the 28th day of February 2007




                                       O R D E R

The revision petitioner, who is the complainant in S.T. No.

376/2004, had initiated proceedings under section 138 of the

Negotiable Instruments Act. The same was dismissed under section

204(4) Cr.P.C as he happened to be absent in the court. The accused

had not appeared till then. It is submitted that there was no wilful

negligence on the part of the complainant/revision petitioner.

2. In the circumstances, the order of the court below is set

aside. The court below is directed to permit the petitioner to further

pursue the matter. He shall appear before Judicial First Class

Magistrate-III, Kochi on 28.03.2007.

The Crl. R.P is allowed accordingly.

K.R. UDAYABHANU, JUDGE.

RV