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(2022) Law Today Live Doc. Id. 17135 = 2022(2) 432
Decided on: 01.09.2022
Alongwith
Transfer Petition (Criminal) Nos. 259-261/2022, Ghanshyam Singh Dhaked v. Sanjeev Kumar Bhargava
For Petitioner(s):
Mr. Rajul Shrivastav, Adv. Ms. Charu Ambwani, AOR
For Respondent(s):
Manjul Aggarwal, Adv. Ms. Neelam Singh, AOR
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406 -- Transfer of complaint u/s 138 of NI Act – Delhi to Madhya Pradesh -- Alleged transactions took place in the district of Raisen in the State of Madhya Pradesh -- Cheques were also drawn in Madhya Pradesh – Ends of justice would be served if the complaints pending before the Court of the Metropolitan Magistrate, Central District, Tis Hazari, Delhi transferred to the Competent Court in District Raisen, Madhya Pradash.
(Para 2, 3)
ORDER
1. Heard learned counsel appearing for the parties.
2. The present petitions arise out of complaint case(s) filed on account of dishonour of cheque(s) under Section 138 of Negotiable Instrument Act, 1881. The cheques, dishonour of which is subject of the complaint, appears to have had been issued on account of alleged transactions that took place in the district of Raisen in the State of Madhya Pradesh. It is admitted position that the cheques were also drawn in Madhya Pradesh.
3. In such circumstances, in our opinion, ends of justice would be served if the (i) complaint case no.6986/2019, (ii) complaint case no.10450/2019, (iii) complaint case no.8378/2019 and (iv) complaint case no.10625/2019 carrying the common title “Sanjeev Kumar Bhargava vs. Ghanshyam Singh Dhaked” respectively (parties are common in all the complaint), pending before the Court of the Metropolitan Magistrate, Central District, Tis Hazari, Delhi to the Competent Court in District Raisen, Madhya Pradash.
4. The records shall be sent to the transferee Court and the concerned Court in the district of Raisen, Madhya Pradash expeditiously.
5. The Transfer Petitions stand allowed accordingly.
6. Pending applications, if any, shall stand disposed of.
7. There shall be no order as to costs.
Petitions allowed.
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