Judgment Heard Mr. Shri. N.R. Saboo, Adv. for the Appellant and Ms Mahashabde, Adv. for the Respondent. 2. Learned Advocate for the appellant (original complainant) stated that the learned Judicial Magistrate, First Class, Court No.6, Amravati had issued process against the accused under Section 138 of the Negotiable Instruments Act; however, the case was assigned to the Judicial Magistrate, First Class, Court No.14, Amravati, which the complainant was not aware of. Hence, the case came to be dismissed for nonappearance of the complainant and for want of prosecution in view of provisions of Section 256 of the Code of Criminal Procedure. The learned Advocate for the appellant, therefore, prayed that since the complainant was not aware of the fact that the case was going to be tried by the Judicial Magistrate, First Class Court No.14, Amravati and he bona fide believed that the case would be tried by the Judicial Magistrate, First Class Court No.6 Amravati, the default has occurred on his part. Under these circumstances, he prayed for remanding the matter to the learned trial Court for hearing it on merits in accordance with law. 3. The learned Advocate for the respondent submitted that the complaint was dismissed for default and hence, it should not be restored and if at all, this Court deems it fit to restore the complaint, the same be restored by imposing reasonable amount of costs. 4. Considering the submissions putforth by both the parties and in the facts and circumstances of the present case, I think that the complainant must be given one opportunity to lead evidence on the merits of the case. Hence, in the facts and circumstances, the impugned order dt.9.8.2010 passed by the Judicial Magistrate, First Class, Court. No.14, Amravati in Summary Criminal Case No.1807 of 2007 is set aside. The matter is remanded herewith and the record and proceedings be returned back to the learned Magistrate. The complaint stands restored before the learned trial Magistrate, J.M.F.C. Court No.14, Amravati. The learned Judge shall dispose of the complaint in accordance with law and on merits.. Parties to appear before the learned trial Magistrate on 21.2.2012. 5. In view of the above directions and observations, the Criminal Appeal is disposed of. The appellant herein/original complainant shall pay Rs.500/-towards costs to the accused as a condition precedent.