IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 71 of 2008()
1. BIJESH, S/O. KUTTAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. ALPHONSA, W/O. ABRAHAM,
For Petitioner :SRI.M.K.DILEEP KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/01/2008
O R D E R
R.BASANT, J
----------------------
Crl.R.P.No.71 of 2008
----------------------------------------
Dated this the 10th day of January 2008
O R D E R
This revision petition is directed against an order
dismissing a complaint filed under Section 138 of the Negotiable
Instruments Act, under Section 204(4) Cr.P.C on the ground that
steps were not taken on the appointed day. The complaint was
filed in 2006. Cognizance was taken and the same was posted
to 09/08/2006. When the matter came up, it was noted that the
complainant has not taken any steps.
2. The learned counsel for the petitioner submits that
the omission to take steps was not wilful or intentional and
happened for reasons beyond the control of the petitioner. He
prays that leniency may be shown and the petitioner may be
granted an opportunity to prosecute his complaint. He shall take
all necessary steps before the next date of posting, it is
submitted.
3. Having considered all the relevant inputs, I am
satisfied that a lenient view can be taken and the petitioner can
be granted a further opportunity to prosecute his complaint.
Crl.R.P.No.71/08 2
4. In the result:
a) This revision petition is allowed.
b) The impugned order is set aside.
c) The learned Magistrate is directed to dispose of the
complaint afresh in accordance with law.
d) The petitioner shall appear before the learned
Magistrate on 01/03/2008 to continue the proceedings. The
petitioner shall take all necessary steps for issue of process on or
before that date.
(R.BASANT, JUDGE)
jsr
Crl.R.P.No.71/08 3
Crl.R.P.No.71/08 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006