IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2041 of 2008()
1. M/S.PUNJAB NATIONAL BANK,
... Petitioner
Vs
1. K.RAJESH, PARCEL OFFICE,
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.SURENDRA MOHAN
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.2041 of 2008
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Dated this the 26th day of June, 2008
ORDER
The petitioner, who was the complainant in a private complaint
filed as MP No.3781 of 2007 under Section 138 of the Negotiable
Instruments Act, 1881 involving a cheque for a sum of Rs.19,800/-,
challenges the order dated 7.12.07 passed by the learned Magistrate
dismissing the application filed as MP No.3781 of 2007 to condone the
delay and consequently dismissing the complaint.
2. There might have been some latches on the part of the
complainant in not taking steps to issue notice to the accused on the
delay petition (MP No.3781/07). But he certainly did not deserve a
dismissal of the petition and consequently rejection of his complaint.
3. Accordingly the impugned order is set aside and MP No.3781
of 2007 shall stand restored to file. The petitioner shall appear before
the court below without any further notice on 10.07.08, by which time
he shall have taken all necessary steps for issuing notice to the
accused on the delay petition.
This Crl.R.P. is disposed of as above.
Dated this the 26th day of June, 2008.
V. RAMKUMAR, JUDGE
sj