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(2024) Law Today Live Doc. Id. 19032 = 2024(2) L.A.R. 131
Decided on: 13.03.2024
For Petitioner(s):
Mr. Vikas Dudeja, Adv., Mr. Abhishek Gautam, AOR, Mr. Vivek Kumar, Adv., Dr. Ravinder Kumar Singh, Adv., Mr. Sitesh Kumar, Adv., Ms. Lokesh Kanwar, Adv.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406 -- Transfer of cheque bounce complaint -- Several complaint cases u/s 138 of the N.I. Act are pending in the Court at Gurugram, Haryana and it is a solitary case which was instituted in the Court at Dwarka – Parties to the proceedings are residents of Gurugram and the witnesses are also hailing from Gurugram – Complaint transferred from Dwarka Court, New Delhi to the Court of the Gurugram, Haryana.
(Para 3-6)
ORDER
1. By presenting this petition under Section 406 of the Code of Criminal Procedure, 1973, the petitioner – Anurag Nanda, seeks transfer of Complaint Case No.7520/2021 under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (“N.I. Act”, hereafter) from the Court of the Metropolitan Magistrate (NI Act) South West, Dwarka Court, New Delhi to the Court of the Chief Judicial Magistrate, Gurugram, Haryana.
2. It appears from the Office Report that the respondent has been duly served, yet, there is no appearance from its side.
3. Learned counsel appearing for the petitioner submits that there are several complaint cases under Section 138 of the N.I. Act pending in the Court of the Judicial Magistrate, Gurugram, Haryana and the present is a solitary case which has been instituted in the Court at Dwarka. It is also submitted by him that the parties to the proceedings are residents of Gurugram and the witnesses are also hailing from Gurugram, and institution of the said complaint at the Dwarka Court, New Delhi is with an intent to harass the petitioner.
4. Since there is no appearance from the side of the respondent, the allegations and averments made in the petition stand un-controverted.
5. Keeping in mind the facts and circumstances of this particular case, we are of the considered view that the prayer for transfer should be granted in the interest of justice.
6. Accordingly, proceedings in Complaint Case No.7520/2021 shall stand transferred from the Court of the Metropolitan Magistrate (NI Act) South West, Dwarka Court, New Delhi to the Court of the Chief Judicial Magistrate, Gurugram, Haryana.
7. Records be transmitted to the Transferee Court immediately.
8. For the purpose of avoiding delay, the parties may appear before the Transferee Court on 22-4-2024. If any of the parties is absent, the Court shall ensure that fresh notice is served for appearance.
9. With these directions, Transfer Petition (Criminal) No.982/2023 stands allowed.
Petition allowed.
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