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SUPREME COURT OF INDIA
N. SANTOSH HEGDE, S.B. SINHA, JJ.
A.E. PREMANAND - PETITIONER
VERSUS
ESCORTS FINANCE LTD. AND OTHERS - RESPONDENTS
TRANSFER PETITIONS (CRT.) NOS. 254-56 OF 2003, DECIDED ON OCTOBER 25, 2004
Criminal Procedure Code, 1973, Section 406 - Negotiable Instruments Act, 1881, Section 138 - Transfer of cases- Three complaints under section 138 filed at three different places at Gurgaon in Haryana, Ghaziabad in U.P. and Delhi- Since the offences alleged under Section 138 of the Act arose out of one single transaction, it was appropriate and in the interest of justice that all these cases be tried in one court- Therefore complaints pending at Ghaziabad and Gurgaon transferred to the Court of Additional Chief Metropolitan Magistrate, Patiala House, Delhi to be tried along with third complaint already pending before it. [Paras 5 and 6]
ORDER
1. HEARD LEARNED COUNSEL FOR THE PARTIES.
2. ADMIT.
3. IN THIS PETITION, THE PETITIONER HAS SOUGHT FOR TRANSFER OF THREE CRIMINAL CASES FILED AGAINST HIM UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT AT THREE DIFFERENT PLACES LIKE GURGAON IN HARYANA, GHAZIABAD IN U.P. AND AT DELHI. HE ALLEGES THAT THE COMPLAINT ARISES OUT OF ONE TRANSACTION, HENCE, FILING OF CRIMINAL CASE IN DIFFERENT JURISDICTIONAL COURTS IS WITH A VIEW TO HARASS HIM AND COMPEL HIM TO CONCEDE TO THE ILLEGAL DEMANDS OF THE FIRST RESPONDENT.
4. LEARNED COUNSEL FOR THE RESPONDENT, HOWEVER, DENIES THIS CHARGE AND HE SAYS THAT THESE COMPLAINTS HAVE BEEN FILED BECAUSE THEIR RESPECTIVE BRANCHES ARE SITUATED WITHIN THE JURISDICTION OF THE COURTS MENTIONED HEREINABOVE.
5. BE THAT AS IT MAY, SINCE THE OFFENCE ALLEGED UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT HAS ARISEN OUT OF ONE SINGLE TRANSACTION, WE THINK IT APPROPRIATE AND IN THE INTEREST OF JUSTICE THAT ALL THESE CASES SHOULD BE TRIED IN ONE COURT. WHILE THE PETITIONER CONTENDS THAT THESE CASES SHOULD BE TRANSFERRED TO CHENNAI IN TAMIL NADU, THE RESPONDENTS CONTEND THAT THESE CASES COULD BE TRANSFERRED TO ANYONE OF THE COURTS WHERE THE COMPLAINT FILED BY THE FIRST RESPONDENT IS PENDING.
6. TAKING INTO CONSIDERATION ALL THE FACTS OF THIS CASE, WE THINK IT APPROPRIATE IN THE INTEREST OF JUSTICE THAT COMPLAINT NO. 1536 OF 2000 TITLED B ESCORTS FINANCE LTD; V. ZONE ADVISORY SERVICES (P) LTD. PENDING IN THE COURT OF IIND ADDITIONAL CHIEF JUDICIAL MAGISTRATE, GHAZIABAD, U.P. AND COMPLAINT NO. 81 OF 2000 TITLED ESCORTS FINANCE LTD. V. ZONE ADVISORY SERVICES (P) LTD. PENDING IN THE COURT OF SHRI J.D. SHARMA, JMIL, GURGAON BE TRANSFERRED TO THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, PATIALA HOUSE, DELHI TO BE TRIED ALONG WITH COMPLAINT NO. 317 OF 2000 TITLED ESCORTS FINANCE LTD. V. ZONE ADVISORY SERVICES (P) LTD. WHICH IS ALREADY PENDING IN THAT COURT.
7. THE COURTS CONCERNED SHALL SEND THE CONNECTED PAPERS TO THE TRANSFEREE COURT WITHIN FOUR WEEKS FROM TODAY.
8. THE TRANSFER PETITIONS ARE ALLOWED.
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