IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 175 of 2002()
1. M/S. INTEGRATED COMPUTER SYSTEM
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.S.ABDUL SALAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :24/11/2009
O R D E R
P.Q. BARKATH ALI, J.
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CRL. R.P.175 of 2002
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Dated: NOVEMBER 24, 2009
ORDER
The revision petitioner is M/s. Integrated Computer System,
Ernakulam, represented by its partner Radhakrishnan Nair. The
revision petitioner filed a complaint as Crl.M.P.6395/2000 before the
Judicial First Class Magistrate – II, Ernakulam, alleging offence under
sec.138 of the Negotiable Instruments Act, against the
respondent/accused. As the revision petitioner/complainant was
absent continuously, the learned Magistrate dismissed the complaint
holding that there was no reasonable ground for proceeding with the
complaint by order dated January 31, 2001. The complainant has
come up in revision challenging the said order of the trial court.
2. On going through the records and the nature of the
contentions raised by the revision petitioner/complainant, I feel that an
opportunity should be given to the complainant to proceed with the
case. In the present case, though notice was issued, the accused
remained absent. That being so, the revision petition has to be
allowed and the order of the trial court in Crl. M.P.6395/2000
dismissing the said complaint has to be set aside.
3. In the result, the Revision Petition is allowed. The impugned
CRL. R.P.175 of 2002 2
order of the lower court in Crl. M.P.6395/2000 dated January 31, 2001
dismissing the complaint is set aside. The lower court is directed to
take the complaint on file and proceed with it in accordance with law.
This being a case of the year 2000, the trial court is directed to
dispose of the case as early as possible, but not later than six months
from the date of receipt of a copy of this order. Both parties shall
appear before the trial court on 28.12.2009.
P.Q. BARKATH ALI, JUDGE
mt/-