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2019 (6) TMI 521 - HC - Indian LawsDismissal of complaint - invocation of Section 204(4) of Cr.P.C. - failure to pay the process - HELD THAT:- A perusal of the impugned order dated 25.04.2018 reveals that the provision under Section 204(4) of Cr.P.C. is not complied with. The said provision says that if any fees are not paid within a reasonable time, the complaint may be dismissed In the instant case, the learned Magistrate has not mentioned anything in his order as to when the NBW was issued and when the fee was ordered to be paid. Therefore, the impugned order is cryptic and do not reflect compliance of the provision under Section 204(4) Cr.P.C. - On the other hand, the complainant has already been examined and his evidence as PW.1 was recorded and he was cross-examined by the learned counsel for the Accused. Therefore, the only course left open for the trial Court was to consider the evidence of respondent No.1/Accused as ‘nil’ and pass orders basing on the evidence available on record. This Criminal Appeal is allowed setting aside the impugned judgment.
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