IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2562 of 2007()
1. RETNAMMA, W/O.RAVEENDRAN,POKKATHIL,
... Petitioner
Vs
1. CHANDRASEKHARAN,U.D.CLERK, OFFICE OF THE
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.P.KURUVILLA JACOB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/11/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 2562 OF 2007
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Dated this the 19th day of November, 2007
O R D E R
The revision petitioner, who is the complainant in
C.C.No.1236/02 on the file of JFCM-II(Mobile), Kottayam,
challenges the dismissal of the complaint under section 204
(4) Cr.P.C. consequent on the non-payment of batta for
initiating steps under sections 82 and 83 Cr.P.C. against the
accused. The prosecution is one for an offence punishable
under section 138 of the Negotiable Instruments Act, 1881
and the cheque involved is for a sum of Rs.30,000/-.
2. The learned counsel for the revision petitioner
submitted that the accused in the case is a U.D.Clerk
employed in the office of the Superintendent of Police,
Alappuzha and he has been evading service with the aid of
the police personnel. It is true that the case is of the year
2002. But then, the learned Magistrate should not have
visited the petitioner with the penalty of dismissal of the
complaint without giving him a reasonable opportunity of
Crl.R.P.No.2562/07
: 2 :
paying the batta, particularly when the case of the revision
petitioner is that the accused in the case who is influential
with the police is successfully evading service. Since the
impugned order was passed before the accused has entered
appearance, notice to the 1st respondent/accused is
dispensed with in this revision. The impugned order dated
22.2.07 is set aside and C.C.1236/02 will stand restored to
file. The petitioner shall appear before the Magistrate on
14.12.07 without any further notice. By that time, he shall
have paid the necessary batta for initiating steps under
sections 82 and 83 Cr.P.C.
This Crl.R.P. is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks