Cr.P.C Section 204

Issus of process.

(1) If in the opinion of a [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, [it] shall issue its  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, [it] may issue a warrant, or, if [it] thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such [Court] or (if [it] has not jurisdiction [itself]) some other [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 [Court] may dismiss the complaint.