1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:13.09.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.RC.(MD).No.764 of 2011 Nelliyan .. Petitioner Vs Sakthivel .. Respondent Criminal Revision Petition filed under Section 397 read with 401 of the Criminal Procedure Code to call for the records of S.T.C.No.2889 of 2010 on the file of the Principal District Munsif cum Judicial Magistrate, Karaikudi and set aside the same for fresh consideration by allowing this revision. For Petitioner : Mr.I.Suthakaran ORDER This petition filed under Section 397 read with 401 of the Criminal Procedure Code to call for the records dated 03.06.2011 made in S.T.C.No.2889 of 2010 on the file of the Principal District Munsif cum Judicial Magistrate, Karaikudi and set aside the same for fresh consideration by allowing this revision. 2. Heard the learned counsel for the petitioner. 3. The petitioner is the complainant in the complainant in S.T.C.No.2889 of 2010 on the file of the Principal District Munsif cum Judicial Magistrate. It is a private complaint filed under Section 138 Negoitable Instruments Act by the complainant against the accused on the strength of a cheque delivered to him. When the case was posted for hearing on 03.06.2011, there was no representation on the side of the petitioner and he had not paid the process fee. Hence, the Court below dismissed the complaint under Section 204 (4) Cr.P.C. 4. The learned counsel for the petitioner submits that one more chance may be accorded to the petitioner for paying the process fee. 5. In the considered view of this Court, the Court below may extend one more opportunity to the petitioner to pay the process fee and proceed the case. 6. In the result, the criminal revision petition is allowed setting aside the order passed by the Court below on 03.06.2011. The learned Principal District Munsif cum Judicial Magistrate, Karaikudi, is directed to restore the complaint on file to afford one more opportunity to the complainant for payment of process fee and proceed further with the case in accordance with law. ssm Sd/- Assistant Registrar[Records] /True copy/ To Sub Assistant Registrar The Principal District Munsif Cum Judicial Magistrate, Karaikudi. Crl.RC.(MD).No.764 of 2011 1P/2C DATED:13.09.2011 RPB 27.09.2011 https://hcservices.ecourts.gov.in/hcservices/