IMPORTANT POINT
The dismissal of a complaint under Section 204(4) of Cr.P.C. is not an appealable order but a revisable order, and can be challenged in the revision proceeding under Section 397 of Cr.P.C.

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 issued but the same also could not be served upon the respondent/accused and again the case was adjourned from time to time. On 28-11-2023, when the case was again taken up for hearing, it revealed to the learned Trial court that the complainant/applicant is not paying the process fee as ordered by the learned Trial Court on 05-08- 2023, 14-09-2023, 30-09-2023, 17-10-2023 and 04-11-2023 and then the learned Trial Court has dismissed the complaint case of the complainant/ applicant on 28-11-2023 by invoking the powers under Section 204(4) of the Cr.P.C. Hence, this application for grant of leave to appeal.

3. The learned counsel for the petitioner would submit that the process fee was paid by the complainant/petitioner so many times for service of process upon the respondent/accused but the same could not be served upon him. Therefore, the learned Trial Court should have exercised its discretion to adjourn the case instead of dismissing it. He would further submit that the exercise of jurisdiction of Section 204 (4) of Cr.P.C. is discretionary. When the case was fixed for appearance of the respondent/accused, the same cannot be dismissed for non-payment of process fee. Therefore, the order impugned suffers from material irregularity and illegality and the same is liable to be set-aside.

4. I have heard the learned counsel for the petitioner/complainant and perused the appeal memo and documents filed along with it.

5. The foremost question involved in the present application for grant of leave to appeal is that, whether the application for grant of leave to appeal and acquittal appeal against the order impugned is maintainable or not?

6. In the instant case, the complaint case is dismissed under Section 204(4) of Cr.P.C., for non-compliance of the Court’s order to pay the process fees for service of process upon the respondent/accused. Section 204 (4) of Cr.P.C provides that by law, any process fees are payable, no process shall be issued until such fees are paid and if such fees are not paid within the reasonable time, the Magistrate may dismiss the complaint case.

7. Section 204 (4) of the Cr.P.C. is reproduced herein below:

Section 204 (4) ? When by any law for the time being in force any process- fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

8. The exercise of the powers of the Magistrate under Section 204 (4) of Cr.P.C. is discretionary. which requires to be exercised judiciously. The dismissal of the complaint under Section 204(4) of Cr.P.C. is distinct than the dismissal of the complaint under Section 203 or 256 of Cr.P.C. Section 203 of Cr.P.C. provides for dismissal of the complaint when after inquiry in the complain