The court has the discretion to grant one more opportunity to pay the process fee, subject to specific conditions, despite acknowledging laches on the part of the petitioner.

Animadverting upon the order dated 111. 2006 passed by the Judicial Magistrate No.II, Namakkal, in C.C.No.145 of 2006., this criminal revision case is focussed.

2. A resume of facts, which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:

The revision petitioner herein filed the complaint for the offence under Section 138 of the Negotiable Instruments Act as against the accused before the Judicial Magistrate No.II, Namakkal, who took cognizance of the same and ordered issuance of summons to the accused. However, unfortunately, the process fee was not paid within the stipulated time. Hence, the Magistrate dismissed the complaint. Whereupon, this revision has been filed, virtually seeking one more opportunity to pay the process fee and proceed with the matter.

3. Heard both sides.

4. Undoubtedly there are laches on the part of the revision petitioner/complainant in paying the process fee. However, I would like to give one more opportunity to the petitioner, subject to the condition that he shall deposit a sum of Rs.200/-(two hundred) to the District Legal Aid Committee, Namakkal, within a period of two weeks from the date of receipt of copy of this order and within the same time, he shall also pay the process fee before the Court. If there is any default, this order shall not come into operation. The criminal revision case is ordered accordingly.