,; ia'- #9 %. 22.07.20rO Present: Ms.Manu KushwaLra, Adv. for the petitioner. Mr.Durgesh Kr. Ahuja, Adv. for the respondent +Crl. M.A. No.14638/20O9 fdelayl in Crl.L.P.No.263l2OO9 Lt -g i o. Delay condoned. Application stands disPosed, of. Crl.L.P.No.263l2OO9 Counsel for the respondent has appeared. Accordingly, I proceed for further hearing the matter. Registry is directed to register the Cr1.L.P. as Criminal Appeal. crt. e. uo. 866 rzoto Appellant filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent before the Trial Court. After Appellant led pre-summoning evidence, learned Trial Court summoned the respondent vide order dated 03.04.2006. In the meanwhile case was shifted to District Courts, Dwarka in view of bifurcation of the District Courts. On 29.8.2OO9, no one appeared for the Appellant, therefore, the case was dismissed in default. Learned. counsel for the Appellant contends that no notice was received by the Appellant from the transferee court thus petitioner Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 5, \*' remained unaware as to the court where his case was pending. After waiting for sometime petitioner filed an, applicatidn before Additional Chief Metropolitan Magistrate, New Delhi when 1!994n9 to its notice that upon transfer, case was assigned to the court of Sh. VUay Shankar,.Metropolitan Magistrate, Dwarka where it had already been dismissed in default on 29th August, 2009. In these facts, I am of the view that there was possibility of confusion as to the court where the case had been transferred resulting in delay in tracing out the case by the Appellant. Keeping in mind the totality of the circumstances, I set aside the order dated 29.OB.2OOS ana restore the complaint at its original number subject to costs of Rs.5O00/-to be paid by the Appellant to the respondent. The Appellant is directed to appear before the Trial Court on 10th Auelust, 2010. Appeal is disposed of in the above terms. \w A.K. PATHAK, J. 20LO F t :C Jaly 22, VG