IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2043 of 2008()
1. M/S.BENZ AUTOMOBILES PVT.LTD,(NOW KNOWN
... Petitioner
Vs
1. MATHEW ZACARIA, PATTAMANA HOUSE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.P.GOPAKUMARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/06/2008
O R D E R
V. RAMKUMAR, J.
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Crl.R.P.No.2043 of 2008
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Dated this the 26th day of June, 2008
ORDER
The petitioner, who was the complainant in C.C.No.520 of
2002 on the file of the Chief Judicial Magistrate, Ernakulam
which was a prosecution under Section 138 of the Negotiable
Instruments Act, 1881, involving a cheque for Rs.11,400/-,
challenges the order dated 4.04.08 passed by the Chief Judicial
Magistrate, dismissing the complaint under Section 204(4)
Cr.P.C, due to the absence of the complainant and also due to
failure to take steps.
2. There might have been some latches on the part of the
petitioner in not taking steps for the further progress of the
complaint. The fact that the accused in the case continues to
remain absconding cannot be lost sight of. Hence the default on
the part of the petitioner certainly did not deserve dismissal of
his complaint.
3. Accordingly, C.C.No.520 of 2002 shall certainly stand
restored to file. The petitioner shall appear before the court
Crl.R.P.No.2043 of 2008
2
below without any further notice on 16.7.08, by which time he
shall have taken all necessary steps for the further progress of
the complaint.
I am told that on account of the failure to serve summons
and warrant on the accused, steps under Sections 82 and 83
Cr.P.C are being taken. Having regard to the fact that the
cheque amount is only a paltry amount, the Magistrate may
consider whether it should direct the copy of the proclamation to
be published in a daily news paper under clause (ii) of Section 82
(2) Cr.P.C and whether it is not sufficient to publish the
proclamation by the other modes referred to in sub-section 2 of
Section 82 Cr.P.C.
This Crl.R.P. is disposed of as above.
Dated this the 26th day of June, 2008.
V. RAMKUMAR, JUDGE
sj