JUDGMENT

Vivek Singh Thakur, J. - Instant appeal has been filed against impugned order, dated 17th July, 2017, passed by learned Judicial Magistrate 1st Class, Court No. 2, Mandi (hereinafter referred to as "Magistrate") in Criminal Case No. 430 III/17/10, whereby the complaint filed by appellantHemant Kumar against respondentSher Singh under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act"), came to be dismissed in default for want of prosecution on behalf of the complainant when the case was listed for presence of complainant after transfer of the case from Court No. 4 to Court No. 2.

2. It is apt to reproduce relevant portion of the impugned order herein:

" xxx xxx xxx

Called again after lunch.

17.07.2017

Present: None.

Case has been repeatedly called since morning but neither complainant nor his counsel has put in appearance in the Court.

The present complaint was filed by complainant Hemant Kumar Gupta under Section 138 of Negotiable Instruments Act. The case file was received by way of transfer in this court and thereafter notice was issued to complainant to put in his appearance in the Court. A perusal of case file shows that the case has bee