order

TRANSFER PETITION (CRIMINAL) NO. 230 OF 2006

1.Heard learned counsel for the parties.

2.This Transfer Petition under Section 406 Cr.P.C. is for transfer of the case titled ‘Rohit Jain vs. B.R. Gupta & another’ pending in the Court of Shri Jagdeep K. Virat, Judicial Magistrate, Ist Class, Bhantinda, Punjab, under Sections 420/120-B IPC to the Court of the Metropolitan Magistrate, New Delhi.

3.It is stated in the petition that the petitioner’s company is carrying on the business of manufacture and sale of pharmaceutical products, having its registered office at Delhi. It is further alleged that the petitioner’s company sold some of its products to the respondent in connection with which the respondent issued a cheque dated 5.12.2002 in favour of the petitioner. That cheque was presented by the petitioner to its bank being Punjab National Bank, Connaught Place, New Delhi, but the same was dishonoured. Hence, a criminal complaint under Section 138 of the Negotiable Instruments Act was filed before the Chief Metropolitan Magistrate, New Delhi, which is pending before the Court of the Metropolitan Magistrate, Delhi.

4.It is alleged that subsequently the respondent has filed a private co