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(2022) Law Today Live Doc. Id. 17128 = 2022(2) L.A.R. 442
Decided on: 30.08.2022
Alongwith
T.P.(Crl.) No. 262/2021
For Petitioner(s):
Mr. Abhinay, AOR Ms. Sumati Jund, Adv. Mr. Utsav Trivedi, Adv. Ms. Shivani Bhushan, Adv. Mr. Himanshu Sachdeva, Adv. Ms. Manini Roy, Adv. Mr. Pooran Chand Roy, Adv. Ms. Parul Khurana, Adv.
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 – Tamil Nadu to Haryana -- Sole-respondent is shown to be a resident of Delhi and his office address is indicated as being situated in Haryana -- Keeping in view the fact that the transfer of the petitions would be to the convenience of both the parties, the prayer of the petitioner is accordingly accepted – Complaint transferred.
(Para 1-4)
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1. The instant petitions are preferred by the petitioner for the transfer of the Criminal Complaints bearing CC No. 400 of 2019 (CC/00004002019) and CC No. CRLMP/0001881/2019, titled as “Anubhav Malik vs Garvit Lumbey” filed under Section 138 of the Negotiable Instruments Act, 1881, from the Court of Judicial Magistrate No. IV at Vellore, Tamil Nadu to a Court of Competent Jurisdiction at Panchkula, Haryana.
2. This Court, while issuing notice to the sole-respondent in both the matters, was of the opinion that an attempt could be made to refer the matters to mediation since, the sole-respondent is shown to be a resident of Delhi and his office address is indicated as being situated in Haryana.
3. In that view, the convenience of the sole-respondent was also taken into consideration while keeping in view the request made by the petitioner seeking transfer of the cases.
4. Despite service of notice, the sole-respondent has not chosen to appear and have his say in these petitions. In that light, keeping in view the fact that the transfer of the petitions would be to the convenience of both the parties, the prayer of the petitioner is accordingly accepted and it is directed that Criminal Complaints bearing CC No. 400 of 2019 (CC/00004002019) and CC No. CRLMP/0001881/2019, titled as “Anubhav Malik vs Garvit Lumbey” filed under Section 138 of the Negotiable Instruments Act, 1881, shall stand transferred from the Court of Judicial Magistrate No. IV at Vellore, Tamil Nadu to a Court of Competent Jurisdiction at Panchkula, Haryana.
5. The records of the cases be transferred to the Transferee Court forthwith.
6. Accordingly, the Transfer Petitions are allowed.
7. Pending application(s), if any, shall stand disposed of.
Petition allowed.
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