Sri Ambati Mallikarjuna v. Sri Malineni Satyam

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO TRANSFER CRIMINAL PETITION NO. 218 OF 2013 ORDER:

None appears for the petitioner even today.

None appeared when the matter was called on the last occasion and there is also no representation of the petitioner when his name was called out. The petitioner is the accused, while the first respondent is the defacto complainant in C.C. No.260 of 2008 on the file of the Additional Munsif Magistrate, Kandukur, Prakasam District, for an offence said to have been committed by the petitioner herein under Section 138 of the Negotiable Instruments Act. The petitioner seeks transfer of the said C.C. No.260 of 2008 to any Court at Hyderabad. The two reasons spelt out in this regard are:

1.

That the petitioner accused is normally a resident of Hyderabad and; 2.

The first respondent-complainant is threatening with dire consequences. I am afraid, there is no merit in these two grounds urged by the petitioner. If a part of cause of action has arisen at Kandukur and if the instrument has been presented as is agreed by both the parties at Kandukur, as at present advised, it will be difficult to describe the Kandukur Court as not competent to deal with the complaint. Since the respondent-defacto complainant is carrying on his business at Kandukur, it is only appropriate that his convenience should also be taken note off, as he is the one who has to prosecute the case and for any reason of his absence, the risk he will be running would be far more heavier than the risk of the respondent, inasmuch as, C.C. No.260 of 2008 will itself be dismissed.

For any reason, if the defacto complainant is truly threatening the petitioner herein, his remedy lies elsewhere by approaching the competent police officer so that, the necessary follow-up action can be taken against any such offender. In that view of the matter, there is no justifiable reason for transferring C.C. No.260 of 2008 from Kandukur to Hyderabad.

all the Courts in Hyderabad are flooded with thousands of cases and as a result, it will take long time for all of them to get their turn for disposal, whereas, there are only few hundred cases pending on the file of the Court of Additional Munsif Magistrate, Kandukur and consequently the trial itself will get concluded in quick time. Hence, looked at it from this perspective also, this C.C. No.260 of 2008 cannot be transferred from Kandukur to Hyderabad and accordingly this transfer criminal petition is dismissed.

Consequently, miscellaneous applications pending if any shall also stand dismissed.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 12.06.2015 sp