JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Petitioner is the complainant in proceedings under Section 138 of the Negotiable Instruments Act. The complaint was initially presented by him before the Court of competent jurisdiction at Rohru District Shimla. In view of subsequent amendment of the Act, the complaint was transferred to the Court at Sarkaghat District Mandi. Vide order dated 1.12.2022, the Sarkaghat Court has held that it does not have jurisdiction to try the complaint and further directed the petitioner/complainant to file appropriate application before appropriate Court for transfer of the complaint. In this scenario, the petitioner has invoked jurisdiction under Section 482 read with Section 407 of Code of Criminal Procedure seeking transfer of his complaint from Court of learned Judicial Magistrate First Class Court No. 2 Sarkaghat District Mandi to the Court of learned Chief Judicial Magistrate Hamirpur.

2. As per office report, respondent stands duly served, however, no one has appeared on his behalf.

A perusal of the impugned order dated 1.12.2022 reflects that the respondent had not attended the proceedings before the learned Court below on 01.12.2022. Considering the nature