High Court Kerala High Court

Mr.M.M.Cherian vs Mr.Dileepkumar on 9 April, 2007

Kerala High Court
Mr.M.M.Cherian vs Mr.Dileepkumar on 9 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1525 of 2007()


1. MR.M.M.CHERIAN, AGED 63 YEARS,
                      ...  Petitioner

                        Vs



1. MR.DILEEPKUMAR, THUNDIPARAMBIL HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.ALIAS M.CHERIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :09/04/2007

 O R D E R
                              K.R. UDAYABHANU, J

                 =================================

                         CRL. R.P. NO.  1525 OF 2007

                 =================================

                     Dated this the 9th day of April 2007




                                      O R D E R

The revision petitioner is the complainant in the proceedings

initiated proceedings under Section 138 of the Negotiable Instruments

Act that stands dismissed under Section 204(4) Cr.P.C. It is submitted

that the revision petitioner was mislead by the advocate’s clerk as to

the posting dates. He has also produced the complaint filed by him

before the Sheristadar of the District Court as well as the President of

the Advocate Clerks Association against the lawyer’s clerk concerned.

2. In the circumstances, the order of the court below is set aside.

The court below is directed to permit the petitioner is further pursue

the matter. The revision petitioner shall appear before Judicial First

Class Magistrate IV, Kochi on 25.04.2007.

The Crl. R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV