The revision petitioner is aggrieved by the dismissal of his complaint filed as C.C.No.3342/2013 before the Judicial First Class Magistrate Court, Taliparamba, alleging the offence punishable under Section 138 of the Negotiable Instruments Act.
It is submitted that the amount involved is ₹1,00,000/-. On 29.3.2014 the learned Magistrate dismissed the complaint for default, when the learned counsel could not make representation on behalf of the complainant.
2. The learned counsel for the revision petitioner submits that the counsel appearing in the trial court could not make appearance on 29.3.2014 only because the date of posting happened to be wrongly noted by oversight.
3. The genuine submission made by the learned counsel is recorded, and the revision petitioner is granted reasonable opportunity to prosecute the matter with diligence in the trial court. Accordingly, the impugned order of the court below dated 29.3.2014 dismissing the complaint in C.M.P Crl.R.P No.1161 of 2014 2 No.3342/2013 is hereby set aside, and the matter is remitted to the trial court with direction to proceed with the complaint, according to law, from the stage at which it was closed, after granting opportunity to the complainant to take necessary steps. The revision petitioner will appear in the trial court on 29.7.2014.
P.UBAID JUDGE ab