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2015 Supreme(Ker) 1432

C.T.RAVIKUMAR
CENTRAL BANK OF INDIA, KOCHI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : Devan Ramachandran, S. Nikhil Sankar
For the Respondent: Laliza

ORDER :

C.T. Ravi Kumar, J.

1. 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."

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 co



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