IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1207 of 2008()
1. M.P. JAYASREE, W/O.DAMODARAN NAIR
... Petitioner
Vs
1. P.Y. ASHRAF, PAINAYIL GIFT HOUSE
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.A.B.JALEEL
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/03/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.1207 of 2008
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Dated this the 19th day of March, 2008
ORDER
The petitioner who is the complainant in a prosecution
under Section 138 of the Negotiable Instruments Act, 1881 had
filed the privated complaint before the Chief Judicial Magistrate
along with a petition(CMP No.3265/2007) to condone the delay
in filing the complaint. The said petition was dismissed for
default as per the impugned order dated 26.07.07.
2. It is true that there has been some latches on the part of
the complainant. But she certainly did not deserve any
dismissal, particularly when the cheque amount is Rs.1 lakh.
The order dated 26.07.07 in CMP No.3265/2007 is accordingly
set aside and the said CMP shall stand restored to file. The
petitioner shall appear before the court below on 10.04.08,
without any further notice.
This Crl.M.C is disposed of as above.
V. RAMKUMAR, JUDGE
sj