Case Note & Summary
The petitioner, a Cooperative Credit Society, filed a complaint under Section 138 of the Negotiable Instruments Act for dishonour of a cheque of Rs.18 lakhs. The JMFC issued process on 27.10.2010. The accused filed an application (Exh.13) for payment of deficit court fees, and the JMFC directed payment of Rs.33,000/- on 7.4.2012. The complainant paid the deficit fees on 23.5.2012. Meanwhile, the accused filed a revision on 4.5.2012 challenging the order of issue process. The Additional Sessions Judge set aside the order of issue process and dismissed the complaint under Section 204(4) Cr.P.C., holding that the JMFC ought not to have issued process without proper court fees. The High Court held that the Sessions Court erred because the deficit fees were paid before the revision was decided. Section 204(4) Cr.P.C. does not empower dismissal of complaint after process is issued and fees are paid. The High Court allowed the petition, set aside the Sessions Court's order, and restored the complaint to the file of JMFC for further proceedings.
Headnote
A) Criminal Procedure Code - Issue of Process - Section 204(4) Cr.P.C. - Deficit Court Fees - The Sessions Court erred in dismissing the complaint under Section 204(4) Cr.P.C. for non-payment of deficit court fees, as the fees were paid before the revision was decided. The provision does not empower dismissal of complaint after process is issued and fees are paid. (Paras 5-6)
B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Court Fees - Deficit court fees of Rs.33,000/- were paid by the complainant on 23.5.2012, before the revision was filed on 4.5.2012. The Sessions Court's order dismissing the complaint was set aside. (Paras 3-6)
Issue of Consideration
Whether the Sessions Court was justified in setting aside the order of issue process and dismissing the complaint under Section 204(4) of Cr.P.C. when the deficit court fees were paid before the revision was decided.
Final Decision
The High Court allowed the petition, set aside the order of the Additional Sessions Judge, and restored the complaint to the file of JMFC for further proceedings in accordance with law.
Law Points
- Section 204(4) Cr.P.C. does not empower dismissal of complaint for non-payment of deficit court fees after process issued
- Deficit court fees can be paid at any time before judgment
- Revision against order of issue process not maintainable after payment of deficit fees
Case Details
2015 LawText (BOM) (07) 42
Criminal Writ Petition No. 172 of 2014
Mr. Rahul R. Karpe for petitioner, Mr. S. A. Ambad for State, Mr. A. C. Darandale for respondent
Raosaheb Patvardhan Nagari Sahakari Pat Sanstha Ltd., Ahmednagar. Through its Sonai Branch Manager Goraksha Murlidhar Dahitule
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Nature of Litigation
Criminal writ petition challenging the order of Additional Sessions Judge setting aside issue of process and dismissing complaint under Section 138 of Negotiable Instruments Act.
Remedy Sought
Petitioner sought setting aside of the Sessions Court's order and restoration of the complaint.
Filing Reason
The Sessions Court dismissed the complaint under Section 204(4) Cr.P.C. for non-payment of deficit court fees, despite the fees being paid before the revision was decided.
Previous Decisions
JMFC issued process on 27.10.2010; JMFC directed payment of deficit court fees of Rs.33,000/- on 7.4.2012; complainant paid deficit fees on 23.5.2012; Additional Sessions Judge set aside issue process and dismissed complaint on revision.
Issues
Whether the Sessions Court was justified in dismissing the complaint under Section 204(4) Cr.P.C. when the deficit court fees were paid before the revision was decided.
Submissions/Arguments
Petitioner argued that deficit court fees were paid on 23.5.2012, before the revision was decided, and Section 204(4) does not empower dismissal after process is issued.
Respondent argued that the JMFC ought not to have issued process without proper court fees.
Ratio Decidendi
Section 204(4) Cr.P.C. does not empower the court to dismiss a complaint for non-payment of deficit court fees after process has been issued and the fees are paid before the revision is decided. The provision only requires that process shall not be issued until the requisite fee is paid, but once paid, the complaint cannot be dismissed on that ground.
Judgment Excerpts
The order of issue process was passed on 27.10.2010. The revision was filed on 04.05.2012. The deficit court fees were paid on 23.5.2012. The learned Additional Sessions Judge has not considered this aspect.
Section 204(4) of Cr.P.C. does not empower the Court to dismiss the complaint for non-payment of deficit court fees after the process is issued.
Procedural History
Complaint filed under Section 138 NI Act in STC No. 438/2005; JMFC issued process on 27.10.2010; accused filed application Exh.13 for deficit court fees; JMFC ordered payment of Rs.33,000/- on 7.4.2012; complainant paid deficit fees on 23.5.2012; accused filed Criminal Revision No.155/2012 on 4.5.2012; Additional Sessions Judge set aside issue process and dismissed complaint; petitioner filed Criminal Writ Petition No.172/2014 in High Court.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
- Code of Criminal Procedure, 1973 (Cr.P.C.): 204(4)
