2019 (6) TMI 521

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....MENT : This Criminal Appeal is arising out of the judgment dated 25.04.2018 in C.C.No.258 of 2017 passed by the learned X Special Magistrate, Kukatpally, Cyberabad, Ranga Reddy District. The appellant is the complainant, who had filed a complaint under Sections 190 and 200 of Cr.P.C. before the learned X Special Magistrate, Kukatpally, Cyberabad, Ranga Reddy District, against respondent No.1....

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.... is not present. Perused the material on record. Learned counsel for the appellant mainly submits that the counsel representing the complainant before the trial Court was not present and paid the process, the complaint was dismissed by the trial Court. It is further submitted that as the trial Court has already recorded the evidence of PW.1 and the accused has got the cross-examination done, th....

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....Section 204 Cr.P.C., reads as under: "Section 204 - Issue of Process: (1) to (3) ............. ........... (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." At this juncture, i....

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....g 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 le....