JUDGMENT : PRAYER: Criminal Appeal is filed under Section 378 of Cr.P.C. to set aside the Judgment of dismissal of acquittal passed by the learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.4689 of 2013, dated 10.02.2021 and restore the complaint in C.C.No.4689 of 2013, on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai. This Criminal Appeal is filed by the appellant/complainant to set aside the Judgment of acquittal passed by learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.4689 of 2013, dated 10.02.2021 and restore the complaint in C.C.No.4689 of 2013, on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai. 2. The appellant, as a complainant initiated a private complaint against the respondent/accused under Section 200 of Cr.P.C. before the learned VIII Metropolitan Magistrate, George Town, Chennai for an offence punishable under Section 138 of the Negotiable Instruments Act, and the same was taken on file by the learned Metropolitan Magistrate, George Town, Chennai in C.C.No.4689 of 2013. When the matter came up for hearing on 10.02.2021, the complaint filed by the appellant/complainant was dismissed under Section 256 of Cr.P.C. and the respondent/accused was acquitted. Challenging the said order passed by the learned Metropolitan Magistrate, the appellant/complainant has filed the present appeal. 3. The learned counsel for the appellant would submit that the appellant/complainant was examined in chief and the case has been adjourned for cross examination of P.W.1 on 03.12.2019 and the respondent/accused did not appear and sought several adjournments by filing a petition under Section 317 of Cr.P.C., and even on 10.02.2021, the accused/respondent called absent and filed petition under Section 317 of Cr.P.C. and the counsel for the respondent was not ready for cross examination. It is further submitted that except two or three hearings, appellant/complainant appeared before the learned Metropolitan Magistrate, however, the learned Metropolitan Magistrate, dismissed the petition, without giving any final opportunity to the appellant/complainnat and acquitted the respondent/accused under Section 256 of Cr.P.C. and hence, the learned counsel for prays for setting aside the Judgment passed by the Court below. 4. The learned counsel for the respondent/accused would submit that as a complainant, he should appear before the Court as and when required and he cannot take the advantage of the absence of the respondent/accused and it is the duty of the complainant to present in Court. 4. The learned counsel for the respondent/accused would submit that as a complainant, he should appear before the Court as and when required and he cannot take the advantage of the absence of the respondent/accused and it is the duty of the complainant to present in Court. When the matter was called in the morning on 10.02.2021 and till 15.10 hours, there was no representation and therefore, the learned Metropolitan Magistrate, dismissed the petition and acquitted the respondent/accused and there is no merit in the appeal and the appeal is liable to be dismissed. 5. Heard the learned counsel on either side and perused the materials placed on record. 6. The appellant herein has filed a private complaint under Section 200 of Cr.P.C., however, the same was dismissed under Section 256 of Cr.P.C. for non appearance of the appellant/complainant, and the respondent/accused was acquitted, which shows that no opportunity was given to the complainant. It is to be noted that before dismissing the petition, the learned Metropolitan Magistrate has not given final opportunity to the complainant for his appearance and a perusal of the records, on several hearings, the respondent/accused did not appear and 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. 7. With the above directions, this Criminal Appeal is allowed.