1 2025:CGHC:48848 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 583 of 2024 Cholamandalam Investment and Finance Company Ltd. represented through Ramavatar Singh S/o Mr. Ram Singh, Aged About 37 Years, presently Posted as Branch Legal Manager (Power of Attorney Holder), having its branch office at Shop No. 5, Second Floor, Chauhan Estate, G.E. Road, Supela, Bhilai, Tehsil and District Durg Chhattisgarh (Name of the Company and address has been wrongly mentioned in the Order Impugned) ... Appellant versus Keshaw Divakar S/o Jhawal Diwakar, Aged About 40 Years R/o House No. 199, Satnami Para, Ward No. 10, Near Hanuman Mandir, Link Sahaspur, District Bemetara Chhattisgarh. ... Respondent For the Petitioner : Mr. Anmol Sharma, Advocate For the respondent : …... Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23/09/2025 1. By this appeal filed under Section 378(4) of the Code of Criminal Procedure, the appellant seeks a direction to set aside the impugned order 15.11.2022 passed in Complaint Case No.37468/2018 whereby the learned Judicial Magistrate First Class, Durg, District Durg (C.G) dismissed the complaint case for default of payment of process fee. 2. By impugned order the learned trial Court invoking the power under Section 204(4) of the CrPC dismissed the said complaint for non- 2 payment of process fee, which is deemed to be termination of criminal proceeding. 3. Learned counsel for the appellant/complainant submits that the trial Court has dismissed the complaint on default which is not sustainable. He further submits that the complainant in a Section 138 NI Act case, who has suffered monetary loss, is to be considered victim under the Criminal Procedure Code and consequently, such a complaint case should not be dismissed for default of payment of process fee. He, therefore, prays to allow the appeal and remit the matter back to the trial Court for adjudication on merits by restoring the complaint case. 4. Heard learned counsel for the appellant and minutely perused the impugned order and the order sheets of the trial Court. 5. Here in the present case, the order sheets of the trial Court reflect that the complaint case was registered on 10.12.2018 and thereafter until passing the impugned order, the complainant was given approximately 16 opportunities to pay the PF for the issuance of summons/bailable warrants for the appearance of the accused. The complainant paid the PF only once. The accused's presence was not recorded. When the matter was taken up on 15.11.2022 the trial Court recorded the fact that till that date the complainant has not paid the PF for accused’s presence, which indicates that the he is not interested in pursuing his case, therefore, dismissed the complaint u/s 204(4) of CrPC. 6. For adjudication of the case, section 204(4) of the Cr.P.C. is relevant here and quoted below : “Section 204 (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.” 3 7. In the instant case, a cheque amounting to Rs. 1,68,334/- was bounced and the complainant in complaint case is considered victim. It is a well-established principle of law that the case should be decided on merits rather than on any technical basis. Since the trial Court has dismissed the complaint on default exercising the power u/s 204(4) of CrPC, on appellant’s depositing costs of Rs.3000/- with the DLSA, Durg, this Court is inclined to set aside the impugned order, restore the complaint case and direct the trial Court to proceed with the matter by allowing the complainant to pay the process fee, as the dismissal is not on the merits of the case. Accordingly, the impugned order is set aside, the complaint case is restored to its original number and is remitted back to the trial Court for hearing and disposal in accordance with law on merits. 8. The appellant is directed to appear before the trial Court on 18.10.2025. 9. The trial Court is also directed to give full opportunity of hearing to both the parties and proceed with the matter on its own merits. 10. In the result,, the Acquittal Appeal is disposed off with the above observations/direction at the motion stage itself. 11. Let a copy of this order along with the record be sent to the concerned trial Court forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Rao