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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
PRASEEDA – Appellant
Versus
DEVARAJAN – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of cheque complaint (Para 1 , 2 , 3) |
| 2. justification of absence from court (Para 4 , 5 , 6) |
| 3. restoration of proceedings (Para 7 , 8) |
O R D E R
The challenge in this Criminal Revision Petition is to the order dated 20.05.2022 in C.C. No.130 of 2017 on the file of the Judicial First Class Magistrate Court-II, Mavelikara. The petitioner filed a complaint against respondent No.1 alleging offence punishable under Section 138 of the Negotiable Instruments Act , 1881. The complainant alleged that respondent No.1/accused executed a cheque bearing No. 956522 for a sum of Rs.10,00,000/- drawn on the State Bank of Travancore, Haripad branch and the same was returned dishonoured due to insufficiency of funds. The complainant caused to issue a lawyer’s notice, which the accused received but refused to repay the amount covered by the cheque.
2. The complainant filed a complaint before the Judicial First Class Magistrate-II, Mavelikara. The learned Magistrate took cognizance of the offence and issued summons to the accused.
3. On 20.05.2022, the complainant was absent and learned Magistrate dismissed the complaint under Section 204 (4) Cr.PC..
4. I have h
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