High Court Kerala High Court

M/S.Logtech Infoway Pvt. Ltd vs The State Of Kerala on 7 February, 2007

Kerala High Court
M/S.Logtech Infoway Pvt. Ltd vs The State Of Kerala on 7 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 469 of 2007()


1. M/S.LOGTECH INFOWAY PVT. LTD.,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. V.RAMKUMAR, PARTNER,

3. M/S. ACCU SYSTEMS,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

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

 Dated :07/02/2007

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

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

                          CRL. R.P. NO. 469 OF 2007

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

                  Dated this the 7th day of February 2007




                                     O R D E R

The revision petitioner is the complainant in C.M.P. No.

3635/2006 with respect to the offence under section 138 of the

Negotiable Instruments Act, in the court of Additional Chief Judicial

Magistrate, Thiruvananthapuram. The complaint stands dismissed

under section 203 Cr.P.C as the complainant and the counsel were not

present and also the defect with respect to the power of attorney was

not cured. It is submitted that the clerk incorrectly noted the posting

date.

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

and the court below is directed to permit the petitioner to further

pursue the matter. The revision petitioner shall appear before the

court below on 28.02.2007.

The Crl. R.P is allowed accordingly.

K.R. UDAYABHANU, JUDGE.

RV