High Court Kerala High Court

Suseela Mathew vs State Of Kerala on 17 June, 2008

Kerala High Court
Suseela Mathew vs State Of Kerala on 17 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1942 of 2008()



1. SUSEELA MATHEW
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.SAJU.S.A

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/06/2008

 O R D E R
                          V.RAMKUMAR, J.
             ======================================
                      CRL.R.P. NO. 1942 OF 2008
             ======================================
                  Dated this the 17th day of June 2008

                                ORDER

Petitioner, who is the complainant in S.T.993/2006 on the

file of the JFCM III, Thiruvananthapuram which was a prosecution

under section 138 of the Negotiable Instruments Act 1981,

involving a cheque for Rs.13,750/=, challenges the order dated

6.2.2008 passed by the Magistrate dismissing the complaint

under Section 204(4) Cr.P.C. for the absence of the complainant

and for the failure to take steps.

2. There might have been some latches on the part of the

petitioner in taking steps within time. But, she certainly did not

deserve a dismissal of the complaint. Accordingly, the impugned

order is set aside and S.T.993/2006 shall stand restored to file.

The petitioner shall appear before the Magistrate without any

further notice on 30.6.2008, by which time she shall have done

all necessary steps for the further progress of the case.

V.RAMKUMAR, JUDGE

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