BENHUR CHITS (P) LTD Vs. JAYAN K.MADHU

JUDGEMENT

(1.) THE revision petitioner is the complainant in C.C. No.192/11 on the files of the Additional Chief Judicial Magistrate's Court (EO), Ernakulam. The above complaint was filed against the respondent/accused alleging the offence punishable under Sec.138 of the Negotiable Instruments Act, 1881. It is the case of the complainant that in discharge of legally enforceable debt, the accused executed a cheque for Rs.1,94,809/ - dated 15/3/2011 in favour of the revision petitioner. When the cheque was presented for encashment, the same was dishonoured for want of sufficient funds. Thus, the respondent/accused committed the offence alleged against him.

(2.) ON 22/6/13, the complainant was absent and no process fee was paid. Consequently, the learned Magistrate dismissed the complaint under Sec.204(4) of the Cr.P.C. This order is under challenge in this revision petition.

(3.) THE learned counsel for the revision petitioner prays for granting a further opportunity to prosecute the complaint against the accused. The learned counsel further submits that the dishonoured cheque was issued for an amount of Rs.1,94,809/ -. So, if the revision petitioner is not allowed to prosecute the accused, certainly, he will be deprived of his remedy to get compensated by the accused.