IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3399 of 2007()
1. M.E.KABEER, FIRD HOUSE,
... Petitioner
Vs
1. SADANANDAN, S/O.BALAKRISHNAN, 1549/24,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/09/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 3399 OF 2007
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Dated this the 20th day of September, 2007
O R D E R
The revision petitioner is the complainant in a private
complaint registered as C.C.No.1528/04 before JFCM-II, Kollam for an
offence punishable under section 138 of the Negotiable Instruments Act,
1881. The said complaint has been dismissed under section 204(4)
Cr.P.C. for failure to pay process for issuing NBW to the accused.
2. Since the impugned order says that the accused has not
entered appearance before the Magistrate so far, notice to the 1st
respondent/accused in this revision is dispensed with.
3. Having regard to the fact that the cheque is for a sum of
Rs.50,000/- and there does not appear any contumacious conduct on
the part of the revision petitioner/ complainant in not remitting the
process fee, the Magistrate should have given the complainant one
more opportunity instead of dismissing the complaint. Accordingly, the
order dated 17.11.06 is set aside and C.C.No.1528/04 will stand
restored to file. The revision petitioner shall appear before the court
below without any further notice on 15.10.07 by which time he shall have
paid the process fee for issuing NBW against the accused.
(V. RAMKUMAR, JUDGE)
aks