T. RAJANI, J.

1. This petition is filed seeking transfer of CC No. 284 of 2017 from the Court of the Judicial Magistrate of First Class, at Salur, Vizianagaram District, to the Court of the Judicial Magistrate of First Class, at Anakapalle, Visakhapatnam District, on the ground that the petitioner is not well.

2. Heard the Counsel for the petitioner and the learned Public Prosecutor appearing for the 2nd respondent and the Counsel for the 1st respondent.

3. In support of the contention of the petitioner's Counsel that the petitioner is facing difficulty in attending the Court at Vizianagaram, he filed the Medical Certificate, wherein it is stated that the petitioner is suffering from HTN diabetes mellitus and associated symptoms and heart disease from May, 2018. He further submits that the 1st respondent is a resident of Visakhapatnam and he makes an alternative prayer at the time of arguments that the case may be transferred to any Court in Visakhapatnam, so that it would be convenient to both parties.

4. He further contends that it would be easy for the petitioner to attend the Court in Visakhapatnam, which is very nearer to Anakapalle, than to go to Vizianagaram.

5. The Counsel for the 1st respondent though does not plead any inconvenience, with regard to the transfer as sought for by the petitioner, raised a technical objection and argues that Section 142 of the Negotiable Instruments Act confers jurisdiction on the Court within whose jurisdiction cheque is delivered for collection and hence that Court alone shall try the case. The non-obstante clause in Section 142 of the Negotiable Instruments Act, pertaining to the provisions of Criminal Procedure Code, has to be taken as pertaining to the provisions of the Criminal Procedure Code, which deal with jurisdiction of Courts. But, in the considered opinion of this Court, Section 142 of the Negotiable Instruments Act does not overrule the power given to the High Court under Section 407 Cr.P.C.

Section 407 Cr.P.C. is as follows:

"407. Power of High Court to transfer cases and appeals.--(1) Whenever it is made to appear to the High Court--

(a) that a fair and impartial inquiry or trial cannot be had in any criminal Court subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise; or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,

it may order--

(i) that any offence be inquired into or tried by any Court not qualified under Sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case, or appeals, or class of cases or appeals, be transferred from a criminal Court subordinate to its authority to any other such criminal Court of equal or superior jurisdiction;

(iii) that any particular case be committed for trial of to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself;

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative:

Provided that no application shall lie to the High Court for transferring a case from one criminal Court to another criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

(3) Every application for an order under subsection (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under subsection (7).

(5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application,