High Court Kerala High Court

M/S.Gokulam Chits & Finance … vs The State Of Kerala on 29 May, 2008

Kerala High Court
M/S.Gokulam Chits & Finance … vs The State Of Kerala on 29 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1590 of 2008()


1. M/S.GOKULAM CHITS & FINANCE COMPANY
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. PRADEEP.P., S/O.RAMAN KUTTY,

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/05/2008

 O R D E R
                       V. RAMKUMAR , J.
            ==========================
                      Crl.R.P. No. 1590 of 2008
            ==========================
              Dated this the 29th day of May, 2008.

                             ORDER

In this revision filed under Section 397 r/w Section 401

Cr.P.C., the petitioner challenges the order dated 28.02.2008 in

S.T. No. 2071 of 2007 passed by the Judicial First Class

Magistrate-I, Sulthan Bathery acquitting the accused under

Section 256 Cr.P.C. The said case is a prosecution under Section

138 of the Negotiable Instruments Act in respect of a cheque for

Rs.2,03,071/-. Going by the diary extract produced by the

petitioner, the accused is yet to enter appearance since the

process has not been issued by the Magistrate and presumably

there was failure on the part of the petitioner to take steps. In

such a situation, the course open to the Magistrate was to

dismiss the complaint under Section 204(4) Cr.P.C. It was not

open to the Magistrate to acquit the accused under Section 256

Cr.P.C. Hence, the impugned order is treated as a dismissal

under Section 204(4) Cr.P.C. Since the accused has not entered

appearance before the Magistrate, notice to the 2nd

respondent/accused is dispensed with.

CRL.R.P. NO. 1590/2008 : 2:

2. There must have been some latches on the part of the

petitioner in taking steps. But he certainly did not deserve

dismissal of hiscomplaint. Accordingly, the impugned order is set

aside and S.T. No. 2071 of 2007 is restored to file and the

petitioner shall appear before the learned Magistrate without any

further notice on 17.06.2008 by which time he shall have taken

all steps for the further progress of the case.

This Crl.M.C. is disposed of as above.

V. RAMKUMAR, JUDGE.

rv

CRL.R.P. NO. 1590/2008 : 3: