IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1377 of 2008()
1. C.SONS ASSOCIATES, MASTER LANE,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. K.P.SURESH, I.S.B. INDUSTRIES LTD.
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/03/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 1377 of 2008
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Dated this the 5th day of June, 2008.
ORDER
The petitioner, who was the complainant in C.C. No. 21 of 2006
on the file of the Chief Judicial Magistrate (Economic Offences),
Ernakulam, which was a prosecution under Section 138 of the
Negotiable Instruments Act, 1881, involving a cheque for Rs.24,154/-,
challenges the order dated 14.02.2008 passed by the said Magistrate
dismissing his complaint under Section 204(4) Cr.P.C. The complaint
was dismissed for failure to deposit the process fee.
2. No doubt, there must have been some latches on the part of
the revision petitioner in paying the process fee. But, he certainly did
not deserve dismissal of his complaint. Accordingly, the impugned
order is set aside and C.C. No. 21 of 2006 shall stand restored to file.
The petitioner shall appear before the court below without any further
notice on 23.06.2008 by which time he shall have done everything
within his control for the further progress of the case.
This Crl.R.P is disposed of as above.
V. RAMKUMAR, JUDGE.
rv