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(2022) Law Today Live Doc. Id. 17137 = 2022(2) L.A.R. 433
Decided on: 18.08.2022
For Petitioner(s):
Mr. V. Siddharth, Adv. Mr. P. N. Puri, AOR
For Respondent(s):
Mr. Nitin Sangra, Adv. Mr. Shashank 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 – Gujarat to Mumbai -- Trial at fag end – Complaint in 2016, thereafter, the respondent has filed a suit for recovery of the amount subject matter of the cheque in the High Court of Judicature at Bombay and one more suit for injunction in a Court in Mumbai – Trial in the complaint has substantially progressed and even a statement of the petitioner u/s 313 of the Cr.PC has been recorded – At this stage, the prayer for transfer of the complaint cannot be entertained.
(Para 2-4)
ORDER
1. The petitioner is an accused in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881.
2. The complaint has been filed in 2016. Thereafter, the respondent has filed a suit for recovery of the amount subject matter of the cheque in the High Court of Judicature at Bombay. There is one more suit filed for injunction by the respondent against the petitioner in a Court in Mumbai.
3. Therefore, the petitioner seeks transfer of the complaint pending before the learned Principal Civil Judge & JMFC, Taluka Court, Ahwa, Gujarat to the Competent Court in Girgaon, Mumbai.
4. It is undisputed fact that the trial in the complaint has substantially progressed and even a statement of the petitioner under Section 313 of the Code of Criminal Procedure, 1973 has been recorded. Therefore, at this stage, the prayer for transfer of the complaint cannot be entertained.
5. The Transfer Petition is accordingly rejected.
6. Pending application(s), if any, shall stand disposed of.
Petition dismissed.
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