and the summons is proved to have been duly served and no reasonable excuse is offered for such failure, the court may issue a warrant for his arrest under S.87(b) of the code and not under S.204(1)(b) of the Code. The mandate under S.204 (4) of the Code to pay process-fees or other fees payable under any law for the time being in force and the discretion of the court to dismiss the complaint if process-fees are not paid within a reasonable time, are not applicable to the provisions of S.87 of the Code in view of the provisions of sub-s.(5) of S.204 of the Code. That apart, there is no provision under Section 87 of the code requiring the complainant to pay process-fee for issuing warrant under Section 87(b) of the Code. Therefore, the courts should not require the complainant to pay process-fee for issuing warrant under Section 87(b) of the Code and consequently, the court should not dismiss the complaint in such cases under S.204(4) of the Code for non-payment of process-fee. It is reiterated that if the accused abstains after the service of summons or after his appearance before the Court, the warrant will be issued under S.87(b) of the Code which requires no process fee to be paid by the complainant. The steps to be initiated under Ss.82 and 83 of the Code in such cases are in continuation of the above said proceedings and consequently, the steps initiated in such cases do not require any process fee to be paid by the complainant. Therefore, the Court cannot dismiss the complaint under S.204(4) of the Code for non-payment of process-fee in such cases. On the other hand, if the warrant is issued prior to the service of summons or appearance of the accused before the Court or his production before the Court, process-fee is required to be paid by the complainant in view of the provisions of S.204 of the Code. Consequently, in the further proceedings in such cases where Ss.82 and 83 steps are issued, the complainant is bound to pay the process-fee and consequently, the Court is having the discretion to dismiss the complaint in such cases under S.204(4) of the Code for nonpayment of process-fee.
