A complaint filed by the revision petitioner herein as C.C.No.1155/2013 before the Judicial First Class Magistrate Court, Kodungallur happened to be dismissed on 28.10.2013. When the complainant failed to take necessary steps, the complaint was dismissed by the learned Magistrate under Section 204(4) of Cr.P.C. Aggrieved by the dismissal, the complainant has come up in revision.
2. The learned counsel for the revision petitioner submitted that the complainant could not take necessary steps in time due to some unavoidable circumstances. The learned counsel also submitted that the amount involved in the case is ₹2,10,000/-, and that the complainant has not so far received any amount from the accused. It appears that he waited with the hope that he will get justice in the criminal prosecution. I feel the necessity of granting some reasonable opportunity to the complainant to take necessary steps in the trial court, and to Crl.R.P No.1144 of 2014 2 prosecute the matter with diligence. Such an order will not cause any prejudice or hardship to the other side because he is yet to make appearance in the trial court. I do not find consistent failure on the part of the complainant in taking necessary steps in the trial court.
In the result, this revision petition is allowed. The impugned order of the trial court dismissing the complainant in C.C.No.1155/2013 is hereby set aside, and the matter is remitted to the trial court with a direction to proceed with the complaint from the stage at which it was closed, after granting reasonable opportunity to the complainant/revision petitioner to take necessary steps. The revision petitioner will appear in the trial court on 29.7.2014.
P.UBAID JUDGE ab