GEORGE JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS revision is filed challenging the order passed by the learned Magistrate under Sec. 204(4) Cr. P.C. The complaint was filed under Sec. 138 of N.I. Act. The learned Magistrate took cognizance of the offence and issued process to the accused. The accused appeared through counsel. For the appearance of the accused it was posted to the next hearing date. The accused was absent on that date. Hence, the learned Magistrate issued NBW to the accused. The case was posted to 24.11.2011. On that day since the complainant was absent, the complaint was dismissed under Sec. 204(4) Cr. P.C.

(2.) LEARNED counsel for the petitioner submits that the dismissal under Sec. 204(4) Cr. P.C. is unsustainable since the accused had once entered appearance through counsel. True that bata for issuance of NBW was not remitted. The case was posted to 24.11.2011; i.e., on the 3rd day and finding that bata was not deposited by the complainant, it was dismissed. No notice is required to be issued to the accused/respondent since he did not actually appear in person before the trial court. Sending notice to the respondent will only delay the matter. Since, the order of dismissal of the complaint is unsustainable it is set aside. The learned Magistrate will take the case back to file. The complainant will appear before the trial court on 15.2.2012. On the same day, the complainant will pay the bata for issuance of NBW.