Madras High Court
Criminal Procedure and EvidenceCriminal Law

A final opportunity to pay process fees may justify restoring a dismissed complaint.

M/s. Nook Micro Distribution Ltd., vs Venkata Kasi Nooka Raju

Madras High CourtJUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
A final opportunity to pay process fees may justify restoring a dismissed complaint.. M/s. Nook Micro Distribution Ltd., vs Venkata Kasi Nooka Raju. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner-company filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent’s cheque for ₹5,67,338, issued towards amounts due for supplied goods, was dishonoured and remained unpaid despite statutory notice.

Source reference: p. 2–3

The trial court issued process, but service remained pending. On 23 September 2025, it dismissed the complaint under Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023, recording that process fees had not been paid.

Source reference: p. 3–4

The petitioner sought revision, submitting that the fees had been deposited and that it should be allowed to pay them afresh and take steps to execute the pending warrant.

Source reference: p. 4
02

Issues

Whether the dismissal of the complaint for non-payment of process fees should be set aside and the complaint restored.

Source reference: p. 4–5

Whether the petitioner should be granted a further opportunity to pay process fees and take steps to secure the respondent’s presence.

Source reference: p. 4–6
03

Law Applied

The trial court dismissed the complaint under Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Source reference: p. 4

The High Court cited no precedent or detailed statutory test; it considered the petitioner’s submissions and the impugned order and determined that one final opportunity to pay the process fees and pursue execution of the warrant should be granted.

Source reference: p. 4–5
04

Reasoning

The High Court noted the petitioner’s contention that the process fees had already been deposited, that the warrant remained pending, and that the Magistrate had dismissed the complaint without granting an opportunity to rectify the alleged defect.

Source reference: p. 4

Having considered those submissions and the impugned order, it concluded that the petitioner should receive one last opportunity to pay the fees afresh and take the necessary steps for execution of the warrant.

Source reference: p. 5

It directed restoration so the complaint could proceed in accordance with law, with appropriate steps to secure the accused’s presence.

Source reference: p. 5
05

Holding

The High Court disposed of the revision at the admission stage, directed the petitioner to pay the process fees afresh and take the necessary steps for execution of the warrant within three weeks of receiving a certified copy, and directed the trial court to receive the fees and take steps to reissue the warrant in accordance with law.

It further directed that the complaint be restored to its original file and number and proceed in accordance with law; no costs were awarded.

Source reference: p. 5–6
06

Acts & Sections Cited

3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Negotiable Instruments Act, 18811

Bharatiya Nagarik Suraksha Sanhita, 20232

Madras High Court

Original Court PDF

M/s. Nook Micro Distribution Ltd.,vsVenkata Kasi Nooka Raju

Madras High Court · October 09, 2026

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