ORDER :

Leave granted.

2. Notice in the appeal was issued on 15.04.2019. Dasti service, in addition, was permitted. The learned Registrar has noted by his order dated 24.07.2019 that service of notice qua the sole respondent is complete but no one has entered appearance on his behalf. Even as per the latest Office Report dated 03.01.2024, it is noted that the respondent was served on 07.05.2019, but there is no representation on behalf of the respondent. In the circumstances, we have heard learned counsel for the appellant.

3. The appellant is aggrieved by the order dated 23.11.2018 passed by the Madras High Court in Crl. R.C. No.1212 of 2018 by which the Criminal Revision Petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 against the order dated 27.08.2018 in Criminal Miscellaneous Petition No.1456 of 2018 filed in C.C. No.2767/2018 pending trial before the 20th Metropolitan Magistrate, Egmore at Allikulam has been set aside.

4. Learned counsel for the appellant drew our attention to the latest judgment of this Court in the case of Bir Singh vs. Mukesh Kumar, (2019) 4 SCC 197 (‘Bir Singh’) and contended that having regard to Section 118 read wi