(1 ) M. Cr. C. No. 6495 of 2008 14-12-2011 Shri B.K.Agrawal, Advocate for the petitioner complainant. Heard. The petitioner- complainant has filed this application seeking leave to file an appeal under Section 378 of Cr. P. C. against the order dated 29/03/2008 and 04/8/2008 passed by Additional Chief Judicial Magistrate, Gwalior. It is submitted by learned counsel for the petitioner that the petitioner filed a complaint under Section 138 of Negotiable Instrument Act on 21/06/99 against the respondents before the lower Court. The matter has been transferred from the Court of Special Judicial Magistrate on 29/03/2008 to the Court of Additional Chief Judicial Magistrate, Gwalior but the same has been dismissed on the same day in the absence of complainant and his counsel. Thereafter, the petitioner moved an application under Section 256 of Cr. P. C. for restoration of complaint but the same has been rejected. Complaint has been transferred from the Court of Special Judicial Magistrate to the Court of Additional Chief Judicial Magistrate and the case was fixed and case was dismissed in the absence complainant and his counsel. (2 ) M. Cr. C. No. 6495 of 2008 On perusal of impugned order, there appears illegality in the impugned order. Hence, application filed by the petitioner is allowed and leave to file an appeal against the impugned order is granted. Appeal memo annexed with the application, be registered as Criminal Appeal. Accordingly, M.Cr.C. is disposed of. (Anil Sharma) Judge mkb/-