IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4363 of 2007()
1. K.NANDAKUMARAN NAIR, AGED 52 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/12/2007
O R D E R
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.R.P.No.4363 of 2007
= = = = = = = = = = = = = =
Dated this the 17th day of December, 2007
ORDER
The petitioner who is the complainant in C.C.No.1387 of
2006 on the file of J.F.C.M-I, Pathanamthitta for offences
punishable under Section 138 of the Negotiable Instruments Act,
1881, in respect of a cheque for an amount of Rs.27,000/-
challenges the order dated 14.11.07 dismissing the complaint
under Section 204(4) Cr.P.C. for the alleged absence of the
complainant and the alleged failure on the part of the
complainant to remit the process fee for initiating proceedings
under Section 82 and 83 Cr.P.C against the accused.
2. Since the impugned order was passed before the
appearance of the accused before that court, notice to the
accused is dispensed with in this revision.
3. It is true that the complainant was absent on 14.11.07
and process fee had not been remitted. But the learned
Magistrate ought to have given the complainant sufficient
opportunity to remit the process fee, since the accused in the
case has been absconding for no fault of the complainant. The
Crl.R.P.No. 4363 of 2007
2
impugned order is accordingly set aside and C.C.No.1387 of
2006 shall stand restored to file with a direction to dispose of the
same, in accordance with law, after giving the
appellant/complainant an opportunity to take steps under
sections 82 and 83 Cr.P.C. The appellant shall appear before the
court below on 21.1.08 without any further notice. By that time
he shall have remitted the necessary process fee for the further
progress of the case.
This Crl.R.P. is allowed as above.
V. RAMKUMAR, JUDGE
sj