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(2022) Law Today Live Doc. Id. 17143 = 2022(2) L.A.R. 358
Decided on: 19.09.2022
For Petitioner(s):
Mr. Ajay Veer Singh, Adv. Mr. Uday Ram Bokadia, Adv. Ms. Divya Garg, Adv. Mr. Shubham Singh, Adv. Ms. Nishtha Chaturvedi, Adv. Mr. Sonal Jain, AOR
For Respondent(s):
Mr. Brijendra Singh, Adv. Mr. Manoj Kumar, Adv. Mr. Shishir Kr. Saxena, Adv. Mr. Praveen Swarup, AOR
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 406 -- Supreme Court Rules, 2013, Order XXXIX – Transfer of complaint u/s 138 of NI Act – Bangalore to Delhi – Case of the petitioners that they have to first go to Delhi and then travel to the said place where the trial is currently being held and they would have to bring their witnesses, on the other hand, respondent has a corporate office at New Delhi – Held, interest of justice would be subserved if the cases are transferred to the competent Court in New Delhi -- Cases transferred from Bangalore to Delhi.
(Para 2-7)
ORDER
1. The present petition is filed with the following prayers:
“a) Allow the Transfer Petition to transfer the N.I. Act/328/2015 titled as M/s. RSWM Limited v. M/s. S.R. Fashions and Anr which is pending before Additional Chief Judicial Magistrate-4, District: Banswara, Rajasthan to the equal jurisdiction of District Court Bangalore, Karnataka.
b) Allow the Transfer Petition to transfer the N.I. Act/329/2015 titled as M/s. RSWM Limited v. M/s. S.R. Fashions and Anr pending before Additional Chief Judicial Magistrate-4, District: Banswara, Rajasthan to the equal jurisdiction of District Court Bangalore, Karnataka.
c) Allow the Transfer Petition to transfer the N.I. Act/330/2015 titled as M/s. RSWM Limited v. M/s. S.R. Fashions and Anr pending before Additional Chief Judicial Magistrate-4, District: Banswara, Rajasthan to the equal jurisdiction of District Court Bangalore, Karnataka.
d) Allow the Transfer Petition to transfer the N.I. Act/331/2015 titled as M/s. RSWM Limited v. M/s. S.R. Fashions and Anr pending before Additional Chief Judicial Magistrate-4, District: Banswara, Rajasthan to the equal jurisdiction of District Court Bangalore, Karnataka.
e) Allow the Transfer Petition to transfer the N.I. Act/332/2015 titled as M/s. RSWM Limited v. M/s. S.R. Fashions and Anr pending before Additional Chief Judicial Magistrate-4, District: Banswara, Rajasthan to the equal jurisdiction of District Court Bangalore, Karnataka.”
2. The case of the petitioners appears to be that they are at Bangalore. They are facing cases under Section 138 of the Negotiable Instruments Act and they find it highly inconvenient to contest the proceedings at Banswara, Rajasthan. It is the case of the petitioners that they have to first go to Delhi and then travel to the said place where the trial is currently being held. It is their case that they would have to bring their witnesses. It is further contended that the respondent, on the other hand, has a corporate office at New Delhi.
3. Learned counsel for the respondent, on the other hand, would resist the petition seeking transfer. He would contend that already a lawyer is engaged by the petitioners. Moreover, nearly on 30 occasions, the case was listed and the petitioners did not appear and the case had to be adjourned. The complainant has been examined in these cases. The complainant’s witnesses are from the area. The relief sought by the petitioners to transfer the case to Bangalore should not be accepted, it is contended.
4. Learned counsel for the petitioners prayed that the transfer should be effected to a Court in Delhi where the office of the respondent is located.
5. After having heard learned counsel for the parties and noticing the facts, we are of the view that the interest of justice would be subserved if the cases mentioned in the prayer as we have extracted are transferred to the competent Court in New Delhi.
6. In this regard, we notice the fact that the respondent has its office in Delhi according to the petitioner. However, it cannot be an unconditional order having regard to the fact that the matter did engage the attention of the Court on a number of occasion as pointed out by the learned counsel for the respondent. In such circumstances, the petitions seeking transfer is disposed of as follows:
7. The cases as prayed for shall stand transferred from Bangalore to Delhi.
8. The transferor Court to facilitate the said transfer.
9. The Registry will send communication to the transferor Court. It shall transfer records to the Principal District and Sessions Judge, New Delhi who will make it over to one of the Courts in Delhi.
10. This is subject to the petitioners paying a sum of Rs.1 lakh as costs to the respondent within a period of two weeks from today. The costs shall be deposited in the Registry of this Court in two weeks and it will be open to the respondent to withdraw it.
11. The transfer petitions stand disposed of.
Order accordingly.
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