J.M.Christopher v. The State Of A.P.

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Transfer Criminal Petition No.24 of 2015 ORDER:

Heard learned counsel for petitioner.

The grievance of the petitioner/accused seems to be that inspite of counsel for accused filing a memo dated 23.09.2014 seeking transfer of C.C.No.134 of 2014 which is a case under Section 138 of Negotiable Instruments Act to proper Court in the light of Hon'ble Apex Court's judgment in Dashrath Rupsingh Rathod vs. State of Maharashtra and another[1], the trial Court did not pass any speaking order on the memo and on the other hand, the trial Court is proceeding with the case which causes prejudice to the petitioner/ accused. He thus seeks direction to the trial Court.

In the light of above submission, at the admission stage this petition is ordered thus:

Learned I Additional Judicial First Class Magistrate, Kadapa is directed to hear both sides on the memo dated 23.09.2014 said to be filed by the counsel for petitioner/accused and pass an appropriate reasoned order in the light of judgment of Hon'ble Apex Court reported in Dashrath Rupsingh Rathod's case (1 supra) at the earliest.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 03-02-2015 Note: Issue C.C by today.

(b/o) scs [1] (2014) 9 Supreme Court cases 129