Anchillath Aliyumma vs Nalupurapattil Abdulrahiman on 13 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 159 of 2010()


1. ANCHILLATH ALIYUMMA, AGED 62 YEARS
                      ...  Petitioner

                        Vs



1. NALUPURAPATTIL ABDULRAHIMAN
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/01/2010

 O R D E R
                           V.RAMKUMAR, J.
                ======================
                         Crl.R.P. No. 159 of 2010
                ======================
           Dated this the 13th day of January, 2010.

                               O R D E R

The petitioner, who is the complainant in C.C. No.476 of 2009 on

the file of the Judicial First Class Magistrate-II, Hosdurg in a

prosecution under Section 138 of the Negotiable Instruments Act,

1881 involving a cheque for a sum of Rs.2,00,000/-, challenges the

order dated 13.11.2009 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 C.C. No. 476 of 2009 shall stand

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

without any further notice, on 13.02.2010 by which time he shall have

taken all steps for the further progress of the complaint.

Dated this the 13th day of January, 2010.

V. RAMKUMAR, JUDGE.

rv