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C.T.RAVIKUMAR
Central Bank of India, Rep by its Br. Manager – Appellant
Versus
State of Kerala – Respondent


Counsel for the Parties:
For the Complainant:Sri Devan Ramachandran, Sri Aneesh K.M., Sri K. Santoshi Kumar, Sri S. Nikhil Sankar and Sri Adarsh Kumar, Advocates.
For the State: Public Prosecutor

ORDER

C.T. Ravikumar, J.—This revision petition is directed against order dated 27.12.2011 in C.C.No.388 of 2008 passed by the Court of Judicial First Class Magistrate-II, Kochi. The said order reads thus:-

“Complainant absent. No representation. No steps taken. This case is dismissed U/s.204(4) Cr.P.C.”

2. I have heard the learned counsel for the revision petitioner and the learned Public Prosecutor. Though notice was served on the second respondent through special messenger, she has not chosen to enter appearance. The revision petitioner herein was the complainant and the second respondent was the accused therein. The complaint was filed by the revision petitioner against the second respondent alleging commission of offence under section 138 of the Negotiable Instruments Act. It is alleged therein that the accused was the guarantor to a Consumer Loan Scheme granted to Shaju Samuel, Mrs. Usha Fernandez, Mrs. Staffy Thomas and Mrs. Sukumari and the said loanees committed default in repayment of the loan amount and in such circumstances, on being put to notice, the second respondent who stood as their guarantor, issued cheque bearing No.248449 dated 12.12.2007 in favour of the compla



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