High CourtsSingle Bench(2024) 03 MP CK 0084

M/S Weldex India vs M/S N.M. Trading Company And Others

Madhya Pradesh High Court · Decided on 4 March 2024

HON’BLE JUDGES
Gurpal Singh Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 9308 Of 2024

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Judgment

6 paragraphs · 259 words

Gurpal Singh Ahluwalia, J

1.

This application under section 482 Cr.P.C. has been filed against the order dated 21.8.2023 passed by J.M.F.C., Katni, District Katni in SC NIA No.105/2017 by which the trial court has dismissed the complaint on account of non-payment of process fee.

2.

According to the applicant, the cognizance of the complaint filed under section 138 of the Negotiable Instruments Act has taken by the concerning Court by order dated 13.5.2017 passed in SC NIA No.105/ 2017. Thereafter, it appears that the case remained pending for payment of process fee and ultimately, the trial Court by order dated 21.8.2023 has dismissed the complaint on account of non-payment of process fee.

3.

Counsel for the applicant could not point out any good ground for not making payment of process fee for more than six years. Whenever complaint is filed, the complainant is expected to comply all the directions given by the Court, including the payment of process fee, so that the complaint case does not remain pending for years together.

4.

In the present case, the applicant did not pay the process fee for six years, and no explanation has been given in the application filed under section 482 Cr.P.C. for non-payment of process fee. Since the applicant himself is responsible for keeping the complaint case pending where the trial Court was left with no other option but to dismiss the complaint, this court is of considered opinion that no jurisdictional error was committed by the trial court.

5.

Accordingly, the application fails and is hereby dismissed.