Sandip Prabhakr Dere v. Shivaji Machindra Kale And Another

2026:BHC-AUG:20103 904-APPLN-551-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 551 OF 2026 Sandip Prabhakar Dere ..APPLICANT

VERSUS

Shivaji Machindra Kale and Another ..RESPONDENTS ....

Mr. S.E. Shekade, Advocate for Applicant ....

CORAM : ABHAY J. MANTRI, J.

DATE : 05th MAY 2026 PER COURT :

1.

The Applicant / original Accused has moved this Application seeking transfer of the proceeding filed under Section 138 of the Negotiable Instrument Act, i.e. S.C.C. No. 1533 of 2022, pending before the learned J.M.F.C., Beed, to the learned J.M.F.C., Ahmednagar or any other appropriate Court.

2.

Heard learned counsel for the Applicant and perused the record. 3.

At the outset, it appears that the Applicant moved this Application on the ground that the Respondent threatened him with dire consequences. However, on perusal of the record, it appears that the Applicant is the Accused and the Respondent has filed a complaint at Beed. In the complaint, it is 1 / 2

904-APPLN-551-26.odt categorically stated that the learned J.M.F.C., Beed, has territorial jurisdiction to try and entertain the complaint. Moreover, if the Applicant is apprehensive about the threats issued by the Respondent, he can move the concerned Court for seeking protection, and it would not be appropriate to transfer the proceedings on the said ground from Beed to Ahmednagar. 4.

As a result, I do not find any merit in the Application. Hence, the Criminal Application is rejected. Inform this order to the concerned Court accordingly.

( ABHAY J. MANTRI, J. ) SSD 2 / 2