filed petitions under Section 317 of Cr.P.C., which were allowed by the learned Metropolitan Magistrate. A perusal of the records, it could be seen that the complainant/appellant was absent for only two or three hearings and however, the learned Metropolitan Magistrate, dismissed the private complaint filed under Section 200 of Cr.P.C., as if, the appellant/complainant has not appeared the Court Proceedings on several hearings. A perusal of the record would further shows that the complainant appeared most of the hearings before the trial Court, however, he was not present two or three hearings, however, before giving final opportunity to the appellant/complainant, the learned Metropolitan Magistrate dismissed the complaint filed under Section 200 of Cr.P.C. Since the complaint filed by the appellant/defacto complaint came to be dismissed on the ground of non appearance, in order to give one more opportunity to the appellant/complainant, the order passed by the learned Metropolitan Magistrate, George Town, Chennai dated 10.02.2021 is set aside and the appeal is allowed. The appellant / complainant is directed to appear before the learned Metropolitan Magistrate, George Town, Chennai on 26.07.2021 and on the said date, the learned counsel for the respondent/accused is directed to cross examine the complainant and thereafter, the learned Metropolitan Magistrate, George Town, Chennai is directed to proceed the complaint in accordance with law.
