M/S.Super Coat Paints (Pvt) Ltd vs T.P.Muraleedharan on 20 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2807 of 2008()



1. M/S.SUPER COAT PAINTS (PVT) LTD
                      ...  Petitioner

                        Vs

1. T.P.MURALEEDHARAN
                       ...       Respondent

                For Petitioner  :SRI.V.N.RAMESAN NAMBISAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/08/2008

 O R D E R
                         V. RAMKUMAR , J.
               ==========================
                         Crl.R.P. No. 2807 of 2008
               ==========================
                 Dated this the 20th day of August, 2008.
                                 ORDER

The petitioner, who is the complainant in S.T. No. 331 of 2005

on the file of the Judicial First Class Magistrate-IV, Kozhikode in a

prosecution under Section 138 of the Negotiable Instruments Act,

1881 involving two cheques one for Rs.15,000/- and another for

Rs.2850/-, challenges the order dated 07.05.2008 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 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 S.T. No. 331 of 2005 shall stand

restored to file. The petitioner shall appear before the court below,

without any further notice, on 01.09.2008, by which time the

petitioner shall have taken all steps for the further progress of the

complaint.

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

Dated this the 20th day of August, 2008.

V. RAMKUMAR, JUDGE.

rv