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TIJA TRADING PVT.LTD., REPRESENTED BY versus MAHESH.R.POTTANGADI, CHIEF CONSULTANT

High Court of Kerala

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TIJA TRADING PVT.LTD., REPRESENTED BY v. MAHESH.R.POTTANGADI, CHIEF CONSULTANT - Crl Rev Pet No. 50 of 2006 [2006] RD-KL 2734 (6 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 50 of 2006()

1. TIJA TRADING PVT.LTD., REPRESENTED BY
... Petitioner

Vs

1. MAHESH.R.POTTANGADI, CHIEF CONSULTANT
... Respondent

2. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.M.V.PAULOSE

For Respondent :SRI.K.P.DANDAPANI

The Hon'ble MR. Justice K.T.SANKARAN

Dated :06/12/2006

O R D E R

K.T.SANKARAN, J

Crl. R.P. No. 50 of 2006

Dated this the 6th day of December, 2006

O RDER The revision is filed by the complainant in ST 203/2004 challenging the judgment dated 14th October, 2005 passed by the trial court, dismissing the complaint under Section 204(4) of the Code of Criminal Procedure.

2. The complaint was filed under Section 138 of the Negotiable Instruments Act against the first respondent. Cognizance was taken by the learned Magistrate and summons was issued to the accused. The accused did not appear and warrant was ordered to be issued against the accused. The warrant was directed to be sent by registered post. The complaint was dismissed under Section 204(4) of the Code of Criminal Procedure on the ground that on 14.10.2005, when case was called, there was no representation on behalf of the complainant and the necessary process fee or postage for issuing warrant was not furnished.

3. The judgment of the court below shows that on CRRP 50/2006 2 9.5.2005, the complainant was absent and the accused was also absent. The case was adjourned for appearance of the parties to 15.7.2005. On that day, the complainant was absent, but he was represented by his counsel. Warrant was issued against the accused on 15.7.2005. On 14.10.2005, there was no representation on behalf of the complainant.

4. It is stated in the Memorandum of Revision that on 18.7.2005 itself, the complainant had produced necessary stamps. On 14.10.2005, when the case was called, the stamped cover was not found in the file. It is also stated that a junior advocate was directed to make a representation in the court when the case was called. It is stated that such a representation was made but the court asked whether he was representing Advocates Elhdo Paul and Tessy Jose. The counsel answered that he was representing Advocates M.V.Paulose and R.Muraleedharan. It is stated that the court did not notice that there was a change of vakalath and advocates M.V.Paulose and R.Muraleedharan had entered appearance in the case.

5. I am not pronouncing upon whether the case put CRRP 50/2006 3 forward by the petitioner is true or not. The fact remains that the complaint was dismissed under Section 204(4) of Crl.P.C. One of the ground for dismissal is that necessary postage was not produced by the complainant. In the facts and circumstances of the case, I am of the view that one more opportunity can be afforded to the petitioner/complainant to comply with the directions of the court. In the result, the judgment dated 14th October 2005 is set aside. The petitioner shall appear before the trial court on 19.12.2006 and shall comply with the directions already issued by the court on or before 21.12.2006. The court below shall proceed in accordance with law. K.T.SANKARAN,

JUDGE

csl CRRP 50/2006 4


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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