IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3644 of 2010()
1. EXCELLENT SANITARY WARES, T.D. ROAD,
... Petitioner
Vs
1. C.K. SATHEESHAN, CEE KEY TRADERS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.S.AJAYAGHOSH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/12/2010
O R D E R
V.RAMKUMAR, J.
.......................................
Crl.R.P. No. 3644 of 2010
........................................
Dated this the 9th day of December, 2010.
O R D E R
The petitioner, who is the complainant in S.T. No.2144 of 2008
on the file of the Judicial First Class Magistrate-IV, Ernakulam in a
prosecution under Sec. 138 of the Negotiable Instruments Act, 1881
involving a cheque for a sum of Rs.87,994/- challenges the order
dated 27.08.2009 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,
the petitioner did not deserve a dismissal of its complaint.
Accordingly, the impugned order is set aside and S.T. No.2144 of
2008 shall stand restored to file. The petitioner shall appear before
the Court below, without any further notice, on 17.01.2011 by which
time the petitioner shall have taken all steps for the further progress
of the complaint.
Dated this the 9th day of December, 2010.
V. RAMKUMAR, JUDGE.
rv