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B. SYAMSUNDER
MVK Global Enterprises Private Limited – Appellant
Versus
NSPR Constructions (India) Private Limited – Respondent
ORDER:
This Transfer Criminal Petition is filed by the petitioners/accused under Section 407 of the Criminal Procedure Code (in short, Cr.P.C), seeking transfer of CC.No.288 of 2020 on the file of Judicial First Class Magistrate, at Pulivendla to I Additional Judicial First Class Magistrate, Nellore.
2. The case of the petitioner in brief, is that the he is the Director of the 1st petitioner Company, doing business of supplying cements and building materials to various customers, and undertakes civil contract works. The petitioner submits that the 1st respondent approached them for supply of Vizag steel and JSW cement, and issued quotation on 04.02.2019, and then the 1st respondent agreed the quotation for a sum of Rs.1,03,76,000/- towards supply of Vizag steel and JSW cement, and instructed to start deliveries of material from 02.03.2019. After that, the petitioner said to have been supplied the material to the 1st respondent. At the time of finalizing the deal as per quotation, dated 04.02.2019 one Mr.Babu obtained five empty cheques, drawn on ICICI Bank Limited, Nellore towards security on condition that they would be returned after completion of said transaction of supply of mate
The main legal point established in the judgment is that the reasonable apprehension of danger and influence on witnesses can constitute grounds for transferring a criminal case, as provided under Se....
Mere apprehension is not a ground for transfer; there must be reasonable apprehension that trial would be seriously undermined and justice would not be done.
Personal inconvenience or threats may not be sufficient grounds for transferring cases, and evidence of ongoing threats is crucial in such decisions.
Transfer of cases under Section 407 should only occur in exceptional circumstances where a fair trial is jeopardized, focusing on the totality of convenience for justice rather than mere preference o....
The main legal point established in the judgment is the requirement of a reasonable apprehension for transfer under Section 407 of the CrPC, as emphasized by relevant case law.
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