IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1620 of 2008()
1. MODERN SPORTS INDUSTRIES,
... Petitioner
Vs
1. MARGIN FREE HYPERMARKET
... Respondent
2. ANEEZ J.M., AGED 35 YEARS,
3. K.H. LATHEEF, AGED 55 YEARS,
4. STATE OF KERALA
For Petitioner :SRI.VIJU ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/05/2008
O R D E R
V. RAMKUMAR, J.
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CRL.R.P. No. 1620 of 2008
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Dated this the 26th day of May 2008
O R D E R
Petitioner, who is the complainant in S.T.No.844/2006 on
the file of the JFCM III, Kochi, in a prosecution under Section 138
of the Negotiable Instruments Act involving a cheque for
Rs.20,580/- challenges the order dated 8/1/2008 passed by the
Magistrate dismissing the complaint under Section 204(4) Cr.P.C.
as against A3 for not taking steps.
2. The petitioner submitted that he had taken sufficient
steps against A3, but A3 continuously remained absconding as he
is involved in more than three dozens of cases for similar
offences.
3. There might have been some laches on the part of the
petitioner in taking steps against A3. But the petitioner certainly
did not deserve a dismissal of his complaint as against A3.
Accordingly, the impugned order, so far as it dismissed the
complaint as against A3, is set aside and S.T.844/2006 shall be
CRRP 1620/2008 2
proceeded against A3 also. The petitioner shall appear before the
court below without any further notice on 16.6.2008, by which
time he shall have done everything necessary for the further
progress of the case as against A3.
V. RAMKUMAR, JUDGE
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