-1- Criminal Appeal No.107/2011 24.10.2011: Shri A.S. Rathore, counsel for the appellant. None for the respondent despite service of notice. Heard on the question of admission. The complainant has preferred this appeal against the order dated 27.7.2010 passed by JMFC, Dewas in Criminal Case No.1918/09 whereby the complaint was dismissed and accused persons were discharged. The appellant was granted leave to appeal that is how this matter has come for admission. Appellant filed a complaint under section 138 of the Negotiable Instruments Act. The case was fixed for recording of the complainant's evidence on 27.7.2010. Before that date, as per order of the CJM there was intra- Court transfer of the case from one board to another board. On 27.7.2010 the case was called out and as the counsel as well as the complainant were not present, therefore, the Court dismissed the complaint. An affidavit has been filed of the counsel who had filed the private complaint in the -2- trial Court. He had stated on oath that upon posting of the Presiding Officer in the Gram Nyayalaya, therefore, the said complaint was transferred to another board and the counsel could not appear as he was not well. He has also filed a medical certificate. From the order sheet it is clear that no notice of the transfer was given to the complainant and the complaint was dismissed behind his back. In this view of the matter the order dated 27.7.2010 is unsustainable in law and is set aside. The case is remanded back to the trial Court for adjudication of the complaint in accordance with law. The trial Court shall now fix the date of hearing and issue notice to the complainant as well as to the accused well in advance so that they can make necessary arrangement for their respective representation either through counsel or in person. The appeal stands allowed and disposed of. Let a copy of the order be sent to the trial Court along with record. (S.K.SETH) JUDGE Hk/