The revision petitioner is the complainant in CC 2448/2010 on the files of the court of the judicial magistrate of first class-V, Ernakulam, who in this revision petition challenges the order passed by the court below dismissing the complaint under section 204 (4) of the Code of Criminal Procedure, 1973 (for short “the Code”).

2. The facts leading to the present revision petition can be briefly stated as follows:-

The revision petitioner filed a complaint before the court of the Judicial Magistrate of First Class-V, Ernakulam against the 2nd respondent alleging offence under Section 138 of the Negotiable Instruments Act, 1881. After complying with the legal formalities, summons was issued to the 2nd respondent under Section 204 (1) (a) of the Code. In response to the summons issued by the court, the 2nd respondent appeared before the court through his counsel. Copy of the complaint was also given to the 2nd respondent through his counsel and the case stood posted to 7-2-2013 for recording the plea of the 2nd respondent. On that day, the 2nd respondent was not present before the court below. However, there was representation for the 2nd respondent. An application filed to condone