IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 143 of 2008()
1. K.N.SASIKUMAR, S/O.K.P.NARAYANA PILLAI,
... Petitioner
Vs
1. BALASUBRAMANIAN.K., P.K.HOUSE,
... Respondent
2. STATE OF KERALA REP. BY PUBLIC
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/07/2008
O R D E R
V. RAMKUMAR , J.
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Crl.R.P. No. 143 of 2008
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Dated this the 2nd day of July, 2008.
ORDER
The petitioner, who is the complainant in S.T. No. 699 of 2005
on the file of the Judicial First Class Magistrate-IV, Kochi, which was a
prosecution under Section 138 of the Negotiable Instruments Act,
involving a cheque for Rs.58,000/-, challenges the order dated
16.08.2006 passed by the Magistrate dismissing the complaint under
Section 204(4) Cr.P.C for failure to take steps for issuing warrants
against the accused.
2. No doubt, there might have been some latches on the part of
the complainant in taking steps. But, the fact remains that the
accused continues to remain absconding in the case and the latches on
the part of the complainant certainly did not mean that he was grossly
negligent. At any rate, he certainly did not deserve a dismissal of his
complaint. Accordingly, the impugned order is set aside and S.T. No.
699 of 2005 shall stand restored to file. The petitioner shall appear
before the court below without any further notice on 21.07.2008 by
which time he shall have taken all necessary steps for the further
progress of the complaint.
This Crl.R.P. is disposed of as above.
Dated this the 2nd day of July, 2008.
V. RAMKUMAR, JUDGE.
rv