P.D. Rajan, J. - (1.) The short question that arises in this Revision Petition is whether a complaint can be dismissed under Section 204(4) of the Code of Criminal Procedure (hereinafter referred to as the ‘Code') on the ground of non payment of batta for execution of warrant ? This Revision Petition is directed against the order in C.C. 2798 of 2002 of the Judicial First Class Magistrate-I, Aluva dismissing the complaint under Section 204(4) of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.). Revision petitioner filed the above case against the accused for offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘N.I.Act'). The complainant's case is that accused borrowed a sum of Rs.75,000/- and in discharge of that debt, he issued a cheque. When the cheque was presented for encashment, it was dishonoured for want of sufficient funds. He demanded the amount by giving a notice in writing, but there was no payment hence he filed a complaint in the above court. The sworn statement was taken and summons was ordered. Since the accused is residing outside the jurisdiction of the trial court, a warrant was issued. But the complainant failed to take steps, hence the complaint was dismissed under Section 204(4) of the Code. Being aggrieved by that, he approached this court with this Revision Petition.
(2.) The main contention of the revision petitioner is that accused is residing outside the territorial jurisdiction of the court. Even after summons and warrant accused did not appear before court. On 20.9.2006, warrant was issued against the accused and it was handed over to the revision petitioner but he was laid up due to fever and could not remit batta for executing the warrant. The case was posted on 7.10.2006 and filed an application to issue fresh warrant, but on that day the complaint was dismissed.
(3.) Section 204 of the Code relates to issue of process for the attendance of the accused. It reads as follows: " Issue of process. - (1) if in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be - (a) a summons-case, he shall issue his summons for the attendance of the accused,or (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (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. (5) Nothing in this section shall be deemed to affect the provisions of Section 87 ".;