IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1573 of 2010()
1. CHANDRAN.C.H., S/O.KELAPPAN,
... Petitioner
Vs
1. S.N.DAYANANDAN,
... Respondent
2. STATE OF KERALA, REP.BY PUBLIC
For Petitioner :SRI.P.M.HABEEB
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :21/05/2010
O R D E R
V.K.MOHANAN, J.
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Crl. R.P.No.1573 of 2010
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Dated this the 21st day of May, 2010.
O R D E R
The complainant in a prosecution for the offence
punishable u/s.138 of Negotiable Instruments Act is the revision
petitioner, who is aggrieved by the order of dismissal of his
complaint.
2. The learned counsel for the revision petitioner
submitted that, through out the entire proceedings of the court
below, as evidenced by the certified copy of the extract of the
proceedings in S.T.No.3342/2006, which made available to me
by the learned counsel for the petitioner, the complainant was
present or represented through his counsel and it is the further
case of the learned counsel that, the clerk attached to the office
of the counsel appearing for the petitioner in the trial court,
committed a mistake in noting down the exact date on
19.12.2009. According to the counsel when the case was
adjourned on 19.12.2009 to 19.2.2010, the clerk mistakenly
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noted the date as 19.3.2010, instead of 19.2.2010. From the
averments contained in the revision petition, it appears that the
court has taken cognizance after recording its satisfaction that
there are materials to proceed upon the complaint, wherein the
cheque amount involved allegedly for Rs.40,000/-.
3. It is disclosed from the proceedings of the court that, the
complainant has already taken steps as directed by the court
below, however there is no decision on merit. Under the above
circumstances, I am of the view that one more opportunity can
be given to the complainant to prosecute the matter and to have
a decision on merit, but subject to terms.
In the result, this revision petition is disposed of directing
the learned Magistrate of JFCM Court, Vadakara to restore the
case S.T.No.3342/06 on condition that, the revision petitioner/
complainant depositing a sum of Rs.500/- in the court below.
Accordingly, the revision petitioner/complainant is directed to
appear before Judicial First Class Magistrate Court, Vadakara,
on 21.6.2010, on which date, the learned Magistrate is directed
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to restore the case on file on his satisfaction that, the revision
petitioner deposits the amount above mentioned and to proceed
with the same in accordance with the procedure and dispose it
of on merit.
Criminal revision petition is disposed of accordingly.
V.K.MOHANAN,
Judge.
ami/