Criminal complaint dismissal for non-payment of process fee is unsustainable where evidence has already been recorded and examined.

A complaint cannot be dismissed under Section 204(4) CrPC without recording when process was ordered, when payment became due, and why non-payment persisted beyond a reasonable time. Section 256 CrPC gives the court discretion to acquit for non-appearance of the complainant, but the court may adjourn where appropriate. Where the complainant's evidence has already been recorded and cross-examined, the matter should ordinarily be decided on the evidence on record rather than by a cryptic dismissal for non-payment of process. The dismissal of the complaint and consequent acquittal were therefore set aside, and the case was directed to be decided on merits.

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Issues: Whether the dismissal of the complaint and consequent acquittal of the accused for non-payment of process fee and absence of the complainant was sustainable when the complainant's evidence had already been recorded.

Analysis: Under Section 256 of the Code of Criminal Procedure, 1973, non-appearance of the complainant may justify acquittal, but the provision is discretionary and the court may adjourn the matter where appropriate. Section 204(4) of the Code of Criminal Procedure, 1973 permits dismissal of a complaint for non-payment of process fees only when the fees are not paid within a reasonable time. The impugned order did not record when the process was ordered, when payment became due, or any facts showing compliance with Section 204(4). Since the complainant had already been examined as PW.1 and cross-examined, the matter ought to have been decided on the evidence on record rather than being dismissed in a cryptic manner for non-payment of process.

Conclusion: The dismissal of the complaint and acquittal of the accused were not sustainable and were set aside; the matter was directed to be decided on merits.

Ratio Decidendi: A complaint cannot be dismissed under Section 204(4) of the Code of Criminal Procedure, 1973 without recording the basis for requiring process fees and the failure to pay within a reasonable time, and where evidence has already been recorded the case should ordinarily be disposed of on merits rather than by a cryptic dismissal.

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