Aditya Shashank Mane v. Shankar Sakharam Chavan And ANR

sr.3.appln.479,2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.479 OF 2017 Aditya Shashank Mane ...

Applicant V/s.

Shankar Sakharam Chavan & anr.

...

Respondents Mr.Nikhil Narendra Pawar for the applicant.

Mr.Rushikesh Gajanan Patil for respondent no.1. Mr.A.R. Kapadnis, APP for the respondent/State. CORAM : A.M.BADAR J.

DATED : 23rd JULY 2018.

P.C. :

1.

Heard both sides in this application under Section 407 of the Criminal Procedure Code.

2.

It is argued that the applicant is being threatened by respondent no.1 and his friend and, therefore, the proceedings of the Criminal complaint for offence punishable under Section 138 of Negotiable Instruments Act be transferred from the Court of the learned JMFC Pimpri to the Court of JMFC Islampur District Sangli. Vina k 1/2

sr.3.appln.479,2017 3.

No tangible reason is pointed out that transfer of such proceedings from the Court of competent jurisdiction to some other Court at Islampur in Sangli District.

4.

The proceedings are filed by respondent no.1 i.e. original complainant and the same are filed in the Court having territorial jurisdiction over the offence. The reasons set out are not sufficient to transfer the proceedings. Hence the order;

:: ORDER ::

(i) The application is rejected.

(ii) Needless to mention that if the application for exemption from personal appearance is filed, the Trial Court may decide the same liberally considering the reason stated in application as well as the nature of the litigation.

Digitally signed by Vina Arvind Khadpe Date:

2018.07.23 16:56:11 +0530 Vina Arvind Khadpe (A.M.BADAR J.) Vina k 2/2