JUDGMENT :

1. This is an application under section 378(4) of Code of Criminal Procedure, 1973, (hereinafter called as “Cr.P.C.”) for grant of special leave to prefer appeal against the order dated 28-11-2023 passed by learned Judicial Magistrate First Class, Bastar, Place Jagdalpur (C.G.) in Complaint Case No. 527/2018, whereby the complaint case filed by the applicant/complainant has been dismissed under Section 204 (4) of Cr.P.C. for non-compliance of court’s order and non-payment of process fee.

2. Brief facts of the case are that the complainant/petitioner had filed a Criminal Complaint Case under Section 138 of Negotiable Instruments Act, 1881, before the court of learned Judicial Magistrate First Class, Bastar, Place Jagdalpur, against the respondent/accused. The Criminal complaint was registered as Criminal Complaint Case No. 527/2018, and vide order dated 27-09-2018, process was ordered to be issued to the respondent/accused on payment of process fee by the complainant/petitioner. For one or the other reason, the process could not be served upon the respondent/accused and the case was adjourned time to time. Vide order dated 24-01-2019, the bailable warrant was ordered to be