IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 309 of 2009()
1. M/S.FASHION FABRICS, POST OFFICE,
... Petitioner
Vs
1. M/S.SONA APPARELS, PAINATH HOUSE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.S.R.DAYANANDA PRABHU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/02/2009
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. NO. 309 of 2009
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Dated, this the 12th day of February, 2009
ORDER
The complainant in S.T. No. 2228 of 2008 on the file of the
J.F.C.M. V, Ernakulam is the revision petitioner. The complaint was
filed under Sec. 138 of the Negotiable Instruments Act, 1881 and
was originally instituted before the Chief Judicial Magistrate Court,
Ernakulam. It was subsequently transferred to the J.F.C.M. V,
Ernakulam. The learned Magistrate has as per the impugned order
dated 17-10-2008 dismissed the complaint under Sec. 204 (4)
Cr.P.C. for the reason that process fee has not deposited. The
petitioner has a grievance that process fee had been deposited
along with the complaint. At any rate, the petitioner did not deserve
a dismissal of the complaint for the aforesaid reason. The learned
Magistrate ought to have given the petitioner an opportunity to
remit the process fee, in case, no process fee was deposited.
Accordingly, the impugned order is set aside and S.T. No. 2228 of
2008 shall stand restored to file and shall be disposed of in
accordance with law. The petitioner shall appear before the court
Crl.r.P. No. 309 of 2009 -:2:-
below without any further notice on 26-2-2009 by which time he
shall be ready for the further progress of the complaint. Since the
dismissal was at the pre-cognizance stage, notice to the accused is
dispensed with in this Revision.
Dated this the 12th day of February, 2009.
Sd/-V. RAMKUMAR,
(JUDGE)
/true copy/
ani.
