Crl.R.P.No.276/2025 1 2025:KER:28632 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.REV.PET NO. 276 OF 2025 AGAINST THE ORDER DATED 30.10.2024 IN ST NO.1295 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA REVISION PETITIONER/COMPLAINANT: ANWIN XAVIER, AGED 38 YEARS, S/O P. XAVIER, ANI BHAVAN, KUTHIATHODE P. O., CHERTHALA, ALAPPUZHA – 688 533 PRESENTLY RESIDING AT 31A, KAUIKA ROAD, AVANUES, WHANGAREI 0110 NORTHLAND, NEW ZEALAND REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANEESH K PAVITHRAN, AGED 45, S/O PAVITHRAN KANNATTU HOUSE, KODAMTHURUTHU, KUTHIATHODE P. O., ALAPPUZHA, PIN - 688533 BY ADVS. SASI M.R. N.P.SILPA, KAVYA KRISHNAN S.SAJIT SANAL, ARYA VALSAN THARANATH R. RESPONDENTS/STATE/ACCUSED: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ANSHAD P. N., AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER, HOUSE NO. 13/756, THAIKKAD ROAD, KARUVELIPADY, THOPPUMPADY P.O., ERNAKULAM, PIN - 682005 SMT.C. SEENA, PP THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.276/2025 2 2025:KER:28632 ORDER The petitioner is the complainant and the 2nd respondent is the accused in S.T.No.1295/2023 on the files of the Judicial First Class Magistrate Court-II, Cherthala (for short the trial court). It was a private complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act. The complaint was dismissed for non prosecution as per the order dated 30.10.2024. The said order is under challenge in this revision petition. 2. I have heard Sri. M.R. Sasi, the learned counsel for the petitioner and Smt. C. Seena, the learned Public Prosecutor. 3. The impugned order would show that the complaint was dismissed for the reason that the petitioner failed to take steps to issue summons to the accused/2nd respondent, in spite of several chances. Annexure 2 series would show that on previous three postings, there was no sitting. The learned counsel for the petitioner submitted that on the date of dismissal of the complaint, i.e., on 30.10.2024, the petitioner had in fact produced the stamped cover to issue summons to the accused at the office. However, it was not brought to the Crl.R.P.No.276/2025 3 2025:KER:28632 notice of the learned Magistrate. Considering all these aspects, I am of the view that the petitioner should be given one more opportunity to take steps to issue summons to the accused. Hence, the impugned order is set aside. The trial court is directed to take back S.T.No.1295/2023 on file and proceed in accordance with law. The Crl.R.P is disposed of. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp Crl.R.P.No.276/2025 4 2025:KER:28632 APPENDIX OF CRL.REV.PET 276/2025 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE ORDER DATED 30.10.24 IN ST 1295/23 ON THE FILE OF HTE JFCM-II, CHERTHALA. Annexure 2 TRUE COPY OF THE CASE STATUS DATED 27.12.2023 DOWNLOADED FROM E-COURTS SERVICES Annexure 2(a) TRUE COPY OF THE CASE STATUS DATED 11.04.2024 DOWNLOADED FROM E-COURTS SERVICES Annexure 2(b) TRUE COPY OF THE CASE STATUS DATED 28.06.2024 DOWNLOADED FROM E-COURTS SERVICES Annexure 3 TRUE PHOTOGRAPH OF THE STAMPED COVER ALONG WITH A/D CARD