The revision petitioner is aggrieved by the dismissal of his complaint alleging the offence under Section 138 of the Negotiable Instruments Act, along with an application to condone the delay in filing the complaint, by the learned Judicial First Class Magistrate, Ambalapuzha by Order dated 5.4.2014. The complaint was taken on file as CMP.No.6343/2013 and the application to condone delay was filed as CMP.No.6344/2013. When the two applications came up for hearing before the learned Magistrate, the complainant and his counsel remained absent in Court. In such a situation the learned Magistrate dismissed both the applications.
2. The learned counsel for the revision petitioner submitted that the amount involved in the dispute is Rs.8,00,000/-, and that hardship and prejudice will be caused to the revision petitioner if he is not allowed to prosecute the matter. It is also submitted that the complainant could not appear in Court due to some unavoidable circumstances. In the particular facts and circumstances of the case I feel that an opportunity can be granted to the revision petitioner to take necessary steps in the complaint filed by him in the trial court and to prosecute the matter.
3. In the result, this revision petition is allowed.
The impugned orders of the trial court in CMP.No.6343/2013 and CMP.No.6344/2013 are set aside and the trial court is directed to restore the applications to file. The learned Magistrate will grant reasonable opportunity to the revision petitioner to take necessary steps in the proceedings. The revision petitioner will appear before the trial court on 1.7.2014 directly or through counsel.
Sd/-
P. UBAID, (Judge)
Kvs/-
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PA TO JUDGE.