The court emphasized the importance of representation and procedural fairness in judicial proceedings.

O R D E R

This revision has been filed as against the order passed in Crl.M.P No.485 of 2016 in C.C No.6510 of 2016, by the Metropolitan Magistrate for Exclusive Trial CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, Chennai, dated 28.10.2022, thereby dismissed the protest petition for default .

2. The petitioner is the complainant. On his complaint, the

1st respondent registered a case and after completion of investigation, the 1st respondent police filed a final report against A1 to A3, 7 and 8 by deleting the name of other accused persons namely A4 to A6. A4 to A6 were dropped by the 1st respondent from all the charges, while filing the final report. Therefore, the petitioner has filed a protest petition in Crl.M.P No.485 of 2016 and it was pending for arguments and even the petitioner submitted its arguments. While being so, on 28.10.2022, the petitioner was called absent before the trial Court and he was also not represented by any counsel. Therefore, the protest petition was dismissed for default. Aggrieved by the same, the present revision is filed. In order to give one more opportunity to the petitioner, the order passed by the trial Court cannot be sustainable and the same is liable to be set aside.

3. In view of the above, the order dated 28.10.2022 passed in CMP No.485 of 2016 in C.C No.6510 of 2016 by the Metropolitan Magistrate for Exclusive Trial CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, Chennai, is hereby set aside and the matter is remanded back to the Trial Court for fresh consideration.

The Trial Court is directed to conduct a fresh enquiry in the protest G.K.ILANTHIRAIYAN,J uma petition and pass orders on merits and in accordance with law. The petitioner is directed to co-operate with the trial Court to dispose the protest petition on merits.

4. In the result, this Criminal Revision Case stands allowed.