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/
