Over 2 lakh Indian cases. Search powered by Google!

Case Details

PASHUPALAN NAIR, S/O.KUTTAN NAIR versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


PASHUPALAN NAIR, S/O.KUTTAN NAIR v. STATE OF KERALA, REPRESENTED BY THE - Crl Rev Pet No. 3152 of 2007 [2007] RD-KL 16546 (24 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3152 of 2007()

1. PASHUPALAN NAIR, S/O.KUTTAN NAIR,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. P.RAJAN BABU NAIR, S/O.PARAMU NAIR,

For Petitioner :SRI.K.RAMACHANDRAN

For Respondent : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

Dated :24/08/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` Crl. R.P. No. 3152 OF 2007 ````````````````````````````````````````````````````

Dated this the 24th day of August, 2007

O R D E R

The complainant in a private complaint under section 138 of the Negotiable Instruments Act challenges the order dated 16.12.06 passed by the JFCM-II, Kollam dismissing the complaint under section 204(4) Cr.P.C. for the absence of the complainant and also for the failure on his part to take steps.

2. Since the complaint was dismissed before issue of process to the accused, notice to the 2nd respondent/accused is dispensed with.

3. The learned counsel for the revision petitioner submits that steps had been taken and that there was no willful default or negligence on the part of the complainant in not prosecuting the complaint. In the fitness case of things, the court below should have given the complainant an opportunity to take steps and prosecute the complainant rather than dismissing the complaint. Accordingly, the impugned order is set aside and C.C.872/03 will stand restored to file. The revision petitioner shall appear before the court below without any further notice on 19.9.07 by which time he shall have taken the necessary steps for the further progress of the complaint. This revision is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks


Copyright

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.