M/S. Shakti International Pvt.Ltd. v. The State Of Tamilnadu, Represented By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 13.08.2025

CORAM:

THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C No.1401 of 2025 M/s.Shakti International Pvt. Ltd., Rep. by its Director Mr.Shreyas Sirigeri S/o.Srinivasa Sirigeri No.303-B, Alpha Main Street Hiranandani Busines Park Powari, Mumbai.

Now re-constituted as M/s.Shakti International LLP Rep.by its Authorized Signatory Anil Anant Bijitkar, 56 years Having a registered office at 91 Springboard, 74/II, "C" Cross Road Opp.Gate No.2 Seepz, Andheri East Mumbai.

... Petitioner ..Vs.

1.State of Tamil Nadu represented by The Sub Inspector of Police CCB, Team-I Chennai.

2.M/s.Intertek India Pvt. Ltd., Rep.by Mr.T.D.Shinde National Business Manager 1/4

Intertek-Food and Agri Services Mumbai.

3.T.D.Shinde 4.P.B.Singh ... Respondents Prayer: This Criminal Revision Petition is filed under Section 438 read with 448 of BNSS Act, to set aside the order dated 28.10.2022 passed in 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 and consequently direct the 1st respondent to conduct further investigation in CCB X Crime No.189 of 2012 pending on the file of the 1st respondent and to file a report of supplant to be made ready there from.

For Petitioner : Mr.M.Mohamed Riyaz for M/s.M.Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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 .

2/4

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 3/4

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. 13.08.2025 Index:Yes/No Internet:Yes/No uma To

1. The Metropolitan Magistrate for Exclusive Trial CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, Chennai. 2.The Sub Inspector of Police CCB, Team-I Chennai.

3. The Public Prosecutor High Court of Madras Crl.R.C No.1401 of 2025 4/4