IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4425 of 2007()
1. AMMINI AMMA, W/O. DAMODARAN NAIR,
... Petitioner
Vs
1. YESODA,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.V.N.RAMESAN NAMBISAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/12/2007
O R D E R
V. RAMKUMAR , J
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CRL.R.P. NO. 4425 of 2007
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Dated this the 12th day of December, 2007.
ORDER
The revision petitioner, who was the complainant in S.T. No. 727/2007 on
the file of the Judicial First Class Magistrate, Kunnamangalam for an offence
punishable under Section 138 of the Negotiable Instruments Act involving a
cheque for Rs.10,000/-, challenges the order dated 17.08.2007 dismissing the
complaint under Section 204(4) Cr.P.C. Since the dismissal of the complaint
was before the accused had entered appearance, notice to the 1st
respondent/accused is dispensed with in this revision.
2. It is true that there were some latches on the part of the revision
petitioner/complainant in depositing the process fee and in appearing before the
court below. But then the complainant is a woman and the complaint was filed
only on 21.05.2007. The court below should have been indulgent enough in
giving the complainant an opportunity to deposit the process fee. The impugned
order is accordingly set aside and the complaint will stand restored to file as S.T.
No. 727/2007. The petitioner shall appear before the court below without any
further notice on 14.01.2008 by which time she shall have done everything for
the further progress of the case.
The revision is disposed of accordingly.
V. RAMKUMAR, JUDGE.
rv