The revision petitioner herein is the complainant in S.T.No. 2075/2009 of the Judicial First Class Magistrate, Thiruvalla. Complaint in the said case was dismissed by the learned Magistrate on 22.01.2013, on the ground of failure on the part of the complainant to take necessary steps for warrant issued against the accused. The said order is under challenge in this revision. 2. The learned Counsel for the revision petitioner submitted that the amount involved in this case is Rs. 43,000/- and that the complainant has not initiated civil action with the hope that he would get justice in the criminal case. The learned Counsel made a request to grant an opportunity to the complainant to take necessary steps and to prosecute the matter. In the particular facts and circumstances, I feel it necessary to grant some reasonable opportunity to the complainant to make necessary steps in the trial Crl. R.P No. 1332 of 2013 court, for proper procedure and decision on merits.
In the result, this revision petition is allowed. The impugned order of the court below is set aside and S.T.No. 2075/2009 is directed to be restored to files. The learned Magistrate will proceed on the complainant after granting reasonable opportunity to the revision petitioner / complainant to take necessary steps and to prosecute the matter with diligence. In case the revision petitioner failed to take necessary steps within 2 months from the date of appearance there, appropriate orders can be passed by the court below. The revision petitioner will appear in the trial court on 03.07.2014.
P.UBAID, JUDGE sab