High Court Kerala High Court

M/S. Integrated Computer System vs The State Of Kerala Represented on 24 November, 2009

Kerala High Court
M/S. Integrated Computer System vs The State Of Kerala Represented on 24 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 175 of 2002()


1. M/S. INTEGRATED COMPUTER SYSTEM
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.S.ABDUL SALAM

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :24/11/2009

 O R D E R
                             P.Q. BARKATH ALI, J.

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                            CRL. R.P.175 of 2002

                  ------------------------------------------------------

                        Dated: NOVEMBER 24, 2009

                                    ORDER

The revision petitioner is M/s. Integrated Computer System,

Ernakulam, represented by its partner Radhakrishnan Nair. The

revision petitioner filed a complaint as Crl.M.P.6395/2000 before the

Judicial First Class Magistrate – II, Ernakulam, alleging offence under

sec.138 of the Negotiable Instruments Act, against the

respondent/accused. As the revision petitioner/complainant was

absent continuously, the learned Magistrate dismissed the complaint

holding that there was no reasonable ground for proceeding with the

complaint by order dated January 31, 2001. The complainant has

come up in revision challenging the said order of the trial court.

2. On going through the records and the nature of the

contentions raised by the revision petitioner/complainant, I feel that an

opportunity should be given to the complainant to proceed with the

case. In the present case, though notice was issued, the accused

remained absent. That being so, the revision petition has to be

allowed and the order of the trial court in Crl. M.P.6395/2000

dismissing the said complaint has to be set aside.

3. In the result, the Revision Petition is allowed. The impugned

CRL. R.P.175 of 2002 2

order of the lower court in Crl. M.P.6395/2000 dated January 31, 2001

dismissing the complaint is set aside. The lower court is directed to

take the complaint on file and proceed with it in accordance with law.

This being a case of the year 2000, the trial court is directed to

dispose of the case as early as possible, but not later than six months

from the date of receipt of a copy of this order. Both parties shall

appear before the trial court on 28.12.2009.

P.Q. BARKATH ALI, JUDGE

mt/-