IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4284 of 2006()
1. MANAPPURAM GENERAL FINANCE AND
... Petitioner
Vs
1. NAZIR A.A.,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.K.MANOMOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/12/2006
O R D E R
K.T. SANKARAN, J.
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CRL.R.P.NO. 4284 OF 2006
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Dated this the 7th day of December,2006
O R D E R
The petitioner filed a complaint against the
first respondent alleging offence under Section 138
of the Negotiable Instruments Act. By the order
dated 11th August, 2006, the court below dismissed
the complaint under Section 204(4) of the Code of
Criminal Procedure on the ground that the postage
for issue of summons was not paid. That order is
impugned in this Revision.
2. It is stated in paragraph 2 of the
statement of facts in the Revision thus:
“.. As the accused was not responded
to the summons, the Hon’ble Magistrate was
pleased to issue a warrant to the accused
through the Chavakad Police Station. But
the Police of Chavakad Police station has
failed to arrest the accused or return the
warrant. Therefore, the Hon’ble
Magistrate was pleased to issue summons to
the Head Constable of the Police Station
and the matter posted to 11/8/2006.”
CRL.R.P. NO.4284 OF 2006
:: 2 ::
It is also stated in the Memorandum of Revision
that the process fee was paid on 17.7.2006.
In the facts and circumstances of the case, I
am of the view that an opportunity should be given
to the petitioner to pay the process fee, if he has
not already paid the same, and take all necessary
steps which are required under law. The order
impugned is set aside. The petitioner shall
appear before the trial court on 18.12.2006 and
take all necessary steps on or before 21.12.2006.
The court below shall proceed in accordance with
law.
(K.T.SANKARAN)
Judge
ahz/
K.T.SANKARAN, J.
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CRL.M.C.NO. OF
O R D E R
September, 2006
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