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Kerala High Court
Kerala State Co-Operative Bank … vs Bovan.B on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3828 of 2010()


1. KERALA STATE CO-OPERATIVE BANK LTD.,
                      ...  Petitioner

                        Vs



1. BOVAN.B, RESIDING AT BOVAN COTTAGE,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED

                For Petitioner  :SRI.AYYAPPAN SANKAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/12/2010

 O R D E R
                     V.RAMKUMAR, J.
                  .......................................
                Crl.R.P. No. 3828 of 2010
                  ........................................
                     Dated: 20-12-2010

                             O R D E R

The petitioner, who is the complainant in S.T. No. 2002 of

2008 on the file of the J.F.C.M. II, Thiruvananthapuram in a

prosecution under Sec. 138 of the Negotiable Instruments Act,

1881 involving a cheque for a sum of Rs. 1,42,000/-. challenges

the order dated 25-09-2010 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.

Crl.R..P. No. 3828 of 2010 -:2:-

However, he did not deserve a dismissal of his complaint.

Accordingly, the impugned order is set aside and S.T. No.2002 of

2008 shall stand restored to file. The petitioner shall appear

before the Court below, without any further notice, on 24-1-

2011 by which time he shall have taken all steps for the further

progress of the complaint.

Dated this the 20th day of December, 2010.

V.RAMKUMAR, JUDGE.

ani/


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