IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2666 of 2007()
1. ABDUL AZEEZ, S/O MUHAMMED KUNJU,
... Petitioner
Vs
1. SURESH BABU, S/O KARUNAKARAN PILLAI,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent :SRI.A.AHZAR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/11/2007
O R D E R
V. RAMKUMAR , J
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CRL. R.P. NO. 2666 OF 2007
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Dated this the 6th day of November, 2007.
ORDER
The petitioner, who was the complainant in C.M.P. No. 8232/2006 on
the file of Judicial First Class Magistrate Court, Karunagappally in a
prosecution under Section 138 of the Negotiable Instruments Act involving
a cheque for Rs.1,50,000/-, challenges the order dated 05.06.2007 passed
by the Magistrate dismissing the application to condone the delay of 60
days in filing the complaint. It is true that the reason put forward in support
of the delay that the complainant was away in Coimbatore in connection
with his business during the period in question, was vague. But, it cannot
certainly be said that the complainant has been grossly negligent in
prosecuting his remedies. At any rate, the latches on his part can be
compensated by putting him on terms. Accordingly, if the petitioner pays
to the counsel for the 1st respondent a sum of Rs.1000/- by way of costs
within one month from today, the impugned order will stand set aside and
the delay in filing the complaint will stand condoned in which case the
complaint will be liable to be proceeded with in accordance with law. If the
costs as ordered above is not paid, this revision will stand dismissed.
Post after one month.
V. RAMKUMAR, JUDGE.
rv