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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SREE MALAVIKA CHITS (INDIA) PVT. LTD – Appellant
Versus
STATE OF KERALA – Respondent
CRL.REV.PET NO. 489 OF 2022
| Table of Content |
|---|
| 1. complaint filed; dismissed due to non-payment. (Para 1 , 2) |
| 2. court allowed one more opportunity with increased payment. (Para 4) |
O R D E R
This Criminal Revision Petition is filed against the order dated 25.04.2022 in CMP No.4769/2021 and CMP No.4770/2021 on the file of the Judicial First Class Magistrate Court-I, Vatakara by which a complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act is dismissed. Aggrieved by the same, the above revision petition is filed.
2. Heard the learned counsel appearing for the petitioner and the Public Prosecutor. Even though notice is issued to the 2nd respondent, there is no appearance. This Court as per order dated 23.07.2025 in Crl.MA. No.1/2025 declared the service to the 2nd respondent as complete.
3. This Court perused the impugned order.
The complaint was filed with a petition to condone the delay in filing the complaint. The learned Magistrate allowed that delay petition on payment of cost of Rs.1,000 before the District Legal Service Authority (DLSA), Kozhikode. The petitioner has not paid the cost and hence the delay condonation petition and the complaint was dismissed as per the impugned order.
4. The counsel for the petitioner submitted that there was some communication gap between the petitioner and the counsel and that is why the amount is not paid. Considering the facts and circumstances of the case, I think, one more opportunity can be given to the petitioner to prosecute the case. But the cost amount is to be increased.
Therefore, this Criminal Revision Petition is allowed in the following manner:
1. The petitioner shall deposit an amount of Rs.2,000/- before the District Legal Service Authority, Kozhikode within a period of three weeks from the date of receipt of a copy of this order and produce the receipt before the Judicial First Class Magistrate Court-I, Vatakara.
2. Once the receipt of payment is produced by the petitioner, the Judicial First Class Magistrate Court-I, Vatakara will restore CMP No.4769/2021 and CMP No.4770/2021 and allow the delay condonation petition and will proceed with the case, in accordance with law.
3. The petitioner will appear before the Judicial First Class Magistrate Court-I, Vatakara on
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