Saleem vs G.V. Kunhimuhammed on 19 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 63 of 2009()


1. SALEEM, S/O. KUNHIMUHAMMED,
                      ...  Petitioner

                        Vs



1. G.V. KUNHIMUHAMMED,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/02/2009

 O R D E R
                              V.RAMKUMAR, J.
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                          Crl.R.P.No.63 of 2009
                        = = = = = = = = = = = = =
                             Dated: 19.02.2009

                                  O R D E R

The petitioner, who is the complainant in S.T. No.1989 of 2008

on the file of the J.F.C.M, Tirur in a prosecution under Sec. 138 of

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

Rs.5,00,000/- challenges the order dated 10.11.2008 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 laches 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. 1989 of 2008 shall stand

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

without any further notice, on 10.03.09 by which time he shall have

taken all steps for the further progress of the complaint.

Dated this the 19h day of February, 2009.

V. RAMKUMAR, JUDGE.

sj