High Court Kerala High Court

Chandran.C.H. vs S.N.Dayanandan on 21 May, 2010

Kerala High Court
Chandran.C.H. vs S.N.Dayanandan on 21 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1573 of 2010()


1. CHANDRAN.C.H., S/O.KELAPPAN,
                      ...  Petitioner

                        Vs



1. S.N.DAYANANDAN,
                       ...       Respondent

2. STATE OF KERALA, REP.BY PUBLIC

                For Petitioner  :SRI.P.M.HABEEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :21/05/2010

 O R D E R
                      V.K.MOHANAN, J.
                    -------------------------------
                   Crl. R.P.No.1573 of 2010
                    -------------------------------
             Dated this the 21st day of May, 2010.

                         O R D E R

The complainant in a prosecution for the offence

punishable u/s.138 of Negotiable Instruments Act is the revision

petitioner, who is aggrieved by the order of dismissal of his

complaint.

2. The learned counsel for the revision petitioner

submitted that, through out the entire proceedings of the court

below, as evidenced by the certified copy of the extract of the

proceedings in S.T.No.3342/2006, which made available to me

by the learned counsel for the petitioner, the complainant was

present or represented through his counsel and it is the further

case of the learned counsel that, the clerk attached to the office

of the counsel appearing for the petitioner in the trial court,

committed a mistake in noting down the exact date on

19.12.2009. According to the counsel when the case was

adjourned on 19.12.2009 to 19.2.2010, the clerk mistakenly

Crl. R.P.No.1573 of 2010
2

noted the date as 19.3.2010, instead of 19.2.2010. From the

averments contained in the revision petition, it appears that the

court has taken cognizance after recording its satisfaction that

there are materials to proceed upon the complaint, wherein the

cheque amount involved allegedly for Rs.40,000/-.

3. It is disclosed from the proceedings of the court that, the

complainant has already taken steps as directed by the court

below, however there is no decision on merit. Under the above

circumstances, I am of the view that one more opportunity can

be given to the complainant to prosecute the matter and to have

a decision on merit, but subject to terms.

In the result, this revision petition is disposed of directing

the learned Magistrate of JFCM Court, Vadakara to restore the

case S.T.No.3342/06 on condition that, the revision petitioner/

complainant depositing a sum of Rs.500/- in the court below.

Accordingly, the revision petitioner/complainant is directed to

appear before Judicial First Class Magistrate Court, Vadakara,

on 21.6.2010, on which date, the learned Magistrate is directed

Crl. R.P.No.1573 of 2010
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to restore the case on file on his satisfaction that, the revision

petitioner deposits the amount above mentioned and to proceed

with the same in accordance with the procedure and dispose it

of on merit.

Criminal revision petition is disposed of accordingly.

V.K.MOHANAN,
Judge.

ami/