The revision petitioner herein is the complainant in C.C No.1228 of 2011 before the Judicial First Class Magistrate Court, Vatakara. His complaint in the said case alleging the offence punishable under Section 138 of the Negotiable Instruments Act was dismissed by the learned Magistrate by order dated 6.1.2014 under Section 204(4) of Cr.P.C, on the ground of failure on the part of the complainant to take necessary steps under Section 83 of Cr.P.C. The said order is under challenge in this revision. 2. Notice to 1st respondent/accused in this proceedings is not felt necessary. The learned counsel for the revision petitioner made a request to grant some reasonable opportunity to the complainant to take necessary steps and to prosecute the matter with diligence. It is also submitted that due to some unavoidable reasons, the complainant could not take steps in time. In the particular facts and circumstances, where the revision petitioner has not initiated civil action, I feel it necessary to grant a reasonable opportunity to the complainant to prosecute the matter with diligence.
In the result, this revision petition is allowed. The impugned order of the trial court is set aside and the case is remanded to the trial court with direction to grant reasonable opportunity to the complainant/revision petitioner to take necessary steps in the matter within two months from the date of restoration of the case to the files.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge