JUDGMENT :

U. DURGA PRASAD RAO, J.

1. The petitioner/sole accused in C.C. No. 191/2015 on the file of I Additional Junior Civil Judge, Bhimavaram prays to transfer the said case to the Court of II Additional Judicial First Class Magistrate, Bhimavaram and try along with C.C. No. 576/2015.

2. The 1st respondent filed C.C. No. 191/2015 against the petitioner for the offence under Sections 138 and 142 of the Negotiable Instruments Act (for short ‘the NI Act’). The petitioner's case is that the complainant is only a name lender to one Kanagarla Vijaya Rama Krishna who was doing chit fund business in Bhimavaram. The petitioner was a member in the said chit fund business and in that connection the said Vijaya Rama Krishna obtained ten signed blank cheques from him. Later, disputes arose between them due to which C.C. No. 191/2015 and two other similar cases i.e. C.C. No. 189/2015 and C.C. No. 576/2015 were filed. In all the three cases, the common defence plea of the petitioner is that K. Vijaya Rama Krishna who is the complainant in C.C. No. 189/2015 got filed all the three cases against him by misusing the blank signed cheques available with him which were obtained from him towards security in the chit transaction but nor for discharge of any legally enforceable debt and hence, all the three criminal cases are liable to be dismissed. In that view, the material question of fact involved in all the three cases is one and the same. C.C. No. 189/2015 and C.C. No. 191/2015 are pending on the file of the I Additional Junior Civil Judge, Bhimavaram whereas C.C. No. 576/2015 is pending on the file of II Additional Judicial First Class Magistrate, Bhimavaram. The apprehension of the petitioner is that if those cases are allowed to continue in different Courts, there may be a possibility of arriving at conflicting findings in respect of the defence taken by the petitioner/accused. The petitioner mentioned that earlier he filed Tr. Crl. M.P. No. 1316/2015 in the Court of Principal Sessions Judge, West Godavari, Eluru with similar prayer to transfer C.C. No. 191/2015 to the Court of II Additional Judicial First Class Magistrate, Bhimavaram to try along with C.C. No. 576/2015 and the said petition was dismissed.

Hence, the instant Transfer Criminal Petition.

3. Heard Sri K. Jyothi Prasad, learned counsel for petitioner, and Sri V.S.R. Anjaneyulu, learned counsel for 1st respondent.

4. While learned counsel for petitioner sought for transfer of C.C. No. 191/2015 on the ground that in all the three criminal cases his defence plea is common and therefore, to avert the possibility of conflicting findings such a transfer of criminal case is essential, learned counsel for respondents opposed the petition on the main plank of argument that in all the three criminal cases, facts, cause of action and complainants are different and in that view, the apprehension of the petitioner regarding the possibility of arriving at conflicting findings is quite untenable. He would argue that since each case is different from other cases, they cannot be compared in any respect. Therefore, the plea of conflicting finding is an ill-founded one. Further, in view of the diversity among them, no joint trial can be sought for. He thus prayed to dismiss the petition.

5. In reply, learned counsel for petitioner would submit that he is only seeking transfer of all the cases to one Court as he also filed Tr. Crl. P. No. 93/2016 for transfer of C.C. No. 189/2015 to the Court of II Additional Judicial First Class Magistrate, Bhimavaram to avoid conflicting findings and except that he is not seeking for common trial.

6. The point for consideration is whether there are merits in the petition to allow?

POINT:

(a) As can be seen the petitioner earlier filed Tr. Crl. M.P. No. 1316/2015 before the Principal Sessions Judge, West Godavari at Eluru for transfer of C.C. No. 191/2015 to the Court of II Additional Judicial First Class Magistrate, Bhimavaram and said petition was dismissed on 14.03.2