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(2022) Law Today Live Doc. Id. 17142 = 2022(2) 360
Decided on: 21.02.2022
For Petitioner(s):
Mr. V. Sridhar Reddy, Adv. Mr. Abhijit Sengupta, AOR Mr. Kumar Neeraj, Adv.
For Respondent(s):
Mr. Parnam Prabhakar, Adv. Ms. Naina Rattan, Adv. Mr. Shashwat Goel, 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 – Karnataka to Telangana – Matter pending before the Court at Hubli, Dharwad District, Karnataka transferred to Kukatpally, Hyderabad, Telangana State where the petitioners are residing.
(Para 2-3)
ORDER
1. Heard Mr. V. Sridhar Reddy, learned counsel for the petitioners and Mr. Parnam Prabhakar, learned counsel for the respondent.
2. This petition is filed under Section 406 of the Code of Criminal Procedure read with Order XXXIX of the Supreme Court Rules, 2013 seeking transfer of C.C. No. 1871 of 2020 titled as M/s. Haricons Engineers & Contractors Vs. M/s. Shilpa Electrical Infra Tech (India) Pvt. Ltd. & Ors. filed by the respondent u/S 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act,1888 pending before the Principal Civil Judge and J.M.F.C. Court at Hubli, Dharwad District, Karnataka to Judicial Magistrate First Class Court at Kukatpally, Hyderabad, Telangana State.
3. On hearing learned counsel for the respective parties and on perusal of the material on record, the aforesaid matter which is pending before the Court of Principal Civil Judge and J.M.F.C. Court at Hubli, Dharwad District, Karnataka is transferred to the Judicial Magistrate First Class Court at Kukatpally, Hyderabad, Telangana State where the petitioners are residing.
4. Since the proceeding has been initiated under Section 200 of Cr. P..C. read with Section 138 of Negotiable Instruments,1888 Act in the year 2020, the transferee Court is directed to dispose of the same as expeditiously as possible.
5. It is needless to observe that the respective parties shall extend their fullest cooperation to the transferee Court for expeditious disposal of the proceedings.
6. In view of above, the transfer petition is allowed and disposed of in the aforesaid terms.
7. Pending application(s), if any, shall also stand disposed of.
Petition allowed.
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