Code of Criminal Procedure, 1898 — Section 204: Issus of process

204. Issus of process.__ (1) If in the opinion of a 2[Court] taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be one in which, according to the fourth column of the second schedule, a summons should issue in the first instance, 3[it] shall issue *[his] summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, 1[it] may issue a warrant, or, if 1[it] thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such 2[Court] or (if 1[it] has not jurisdiction 3[itself]) some other 2[Court] having jurisdiction.

(2)Nothing in this section shall be deemed to affect the provisions of section 90.

(3)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 2[Court] may dismiss the complaint.