High Court Kerala High Court

P.Ignatius Alven vs P.A.Sinik on 7 September, 2010

Kerala High Court
P.Ignatius Alven vs P.A.Sinik on 7 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2489 of 2010()


1. P.IGNATIUS ALVEN, AGED 77 YEARS,
                      ...  Petitioner

                        Vs



1. P.A.SINIK, AGED ABOUT 53 YEARS,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.P.GOPAKUMARAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :07/09/2010

 O R D E R
                         V.K.MOHANAN, J.
                       -------------------------------
                      Crl. R.P.No.2489 of 2010
                       -------------------------------
           Dated this the 7th day of September, 2010.

                           O R D E R

The complainant in a prosecution for an offence u/s.138 of

Negotiable Instruments Act is the revision petitioner, as he is

aggrieved by the order dated 19.8.2009 in C.C.No.900/08 of the

Court of Judicial First Class Magistrate-IV, Kochi, by which the

complaint is dismissed u/s.204(4) of Cr.P.C. ‘for want of steps’.

2. The learned counsel for the revision petitioner submitted

that, originally the case was filed before the Chief Judicial

Magistrate Court-Ernakulam, wherein cognizance was taken and

subsequently the case was made over to the Judicial First Class

Magistrate Court-II, Kochi and from where it was again made over

to the Judicial First Class Magistrate Court-IV, Kochi, in which the

court dismissed the complaint of the revision petitioner. The

learned counsel submitted that when this case was made over,

proper notice was not given to the parties concerned and in an

identical matter, this court in the decision in Susamma Rajan Vs.

Crl. R.P.No.2489 of 2010
2

State of Kerala reported in [2009(1) KLT SN 16 (Case No.15)]

has observed the necessity of giving proper notice to all the

concerned parties and further directed the Registry to ensure the

proceedings.

3. In the present case, the cheque in question covers an

amount of Rs.2 lakhs. It is also beyond dispute that on the basis

of the complaint filed by the revision petitioner, cognizance was

taken u/s.138 of NI Act and the case was made over from the

Court of Judicial First Class Magistrate-IV, Kochi, after the above

proceedings. Thus it can be seen that though cognizance was

taken the complaint is disposed of u/s.204(4) of Cr.P.C., without

going into the merits of the case. It appears that there was some

defects in issuing proper notice regarding the transfer of the case

as seen in the decision in ‘Susamma Rajan’ case. Having regard

to the facts and circumstances involved in the case, I am of the

view that, it is only just and proper to set aside the order

impugned and to give an opportunity to the revision petitioner to

prosecute his complaint on merit by giving him adequate

Crl. R.P.No.2489 of 2010
3

opportunity.

In the result, this revision petition is disposed of setting

aside the order dated 19.8.2008 in C.C.No.900/08 of the Court of

Judicial First Class Magistrate-IV, Kochi, and accordingly, the

revision petitioner is directed to appear before the said court on

7.10.2010, on which date the learned Magistrate is directed to

restore the complaint on file and to proceed with the same in

accordance with the procedure and law and dispose it on merit.

Criminal revision petition is disposed of accordingly.

V.K.MOHANAN,
Judge.

ami/