A.S. SURENDRAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises in this Revision Petition is whether a complaint can be dismissed under Sec. 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 Sec. 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 Sec. 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.75,000.00 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 Sec. 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.) Sec. 204 of the Code relates to issue of process for the attendance of the accused. It reads as follows: