HON’BLE SRI JUSTICE RAJA ELANGO CRL.R.C.NO. 2229 of 2011 ORDER: This Criminal Revision Case is filed by the petitioner- Complainant challenging the order dated 1.6.2011 in C.C. No. 71 of 2011 passed by the learned II Metropolitan Magistrate, Cyberabad, L.B. Nagar, Hyderabad, whereby he dismissed the complaint of the petitioner invoking the provisions of Section 204 Cr.P.C. Heard. The petitioner preferred a complaint against the 2nd respondent-accused for the offence punishable under Section 138 of Negotiable Instruments Act. After taking cognizance, the learned Magistrate adjourned the matter to 4.5.2011 and directed the petitioner-complainant to deposit the process fee. On 4.5.2011, the petitioner did not pay the process fee due to some unavoidable circumstances. Hence, the matter is posted to 1st June, 2011. On that day, the complainant absent and the process fee was not paid. Hence, the lower Court dismissed the complaint by invoking the provisions of Section 204 Cr.P.C. Learned counsel for the petitioner submits that the nonpayment of process fee is neither willful nor wanton, further the date on which the petitioner was directed to deposit the process fee, the Presiding Officer was transferred and the petitioner is under the impression that the same will be paid on the next date of hearing. Considering the facts and circumstances of the case, the order passed by the learned Magistrate is hereby set aside and the case is restored back to the file of learned II Metropolitan Magistrate, Cyberabad, and the petitioner is directed to pay the process fee as per the direction of the learned Magistrate. With the above observations, the Criminal Revision Case is disposed of. _____________ RAJA ELANGO, J 26.12.2011 CHV