THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2478 of 2011 ORDER: Petitioner-complainant approached this Court invoking the provisions under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 30.09.2011 in C.C.No.140 of 2005 on the file of the II Additional Judicial First Class Magistrate, Rajahmundry, whereby the learned Magistrate dismissed his application by invoking Section 235(2) Cr.P.C. Heard. The brief facts of the case are that the petitioner filed a complaint against the respondent herein for an offence under Section 138 of the Negotiable Instruments Act. The respondent - accused was absent for a period of eight months. Hence, the petitioner filed an application for issuance of warrant. Accordingly, the court issued warrant. But the petitioner failed to pay the process fee. Hence, the same was dismissed. Learned counsel for the petitioner submitted that the petitioner should be given one more opportunity to proceed against the accused and also he is ready to pay the process fee. Considering the same, the petitioner is directed to file an application before the court concerned for payment of process fee for issuing warrant against the accused. On filing of such application, the learned Magistrate is directed to allow the same and the petitioner is directed to pay the costs as imposed by the trial Court. On such payment, the trial Court is directed to issue warrant against the respondent-accused and to proceed with the petition in accordance with law. With the above observation, the criminal revision case is disposed of. Miscellaneous petitions filed along with the Criminal drevision case, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 19th December 2011 Rns