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NIZAM S/O. MYTHEEN KUNJU, THOYIAL VEEDU v. STATE OF KERALA, REPRESENTED BY - Crl Rev Pet No. 16 of 2004  RD-KL 3600 (19 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl Rev Pet No. 16 of 2004()
1. NIZAM S/O. MYTHEEN KUNJU, THOYIAL VEEDU,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.D.JAYACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.R.UDAYABHANU
O R D E R
K.R. UDAYABHANU, J
CRL. R.P. NO. 16 OF 2004 B
Dated this the 19th day of February 2007
O R D E RThe revision petitioner is the complainant in C.M.P. No. 888/2003 which is filed with respect to the offence under section 138 of the Negotiable Instruments Act. When the case was called the petitioner was absent and the counsel appearing for the petitioner filed an application for days exemption which was rejected and the complaint was dismissed, it is submitted.
2. In the circumstances, the order of the court below dismissing the complaint is set aside. The court below is directed to permit the petitioner to further pursue the matter. He shall appear before the Judicial First Class Magistrate, Kottarakkara on 14.03.2007. The Crl. R.P is allowed accordingly.
K.R. UDAYABHANU, JUDGE.RV
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