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2006 (3) Crimes 466
PUNJAB & HARYANA HIGH COURT
Rajive Bhalla, J.
Karan Singh Sambyal—Petitioner
versus
Kuldip Singh—Respondent
Cr. Misc. No. 34343-M of 1999
Decided on 31-03-2006
Headnote:Code of Criminal Procedure, 1973 — Sections 407 r/w 482 — Complaint petitions filed by Respondent complainant against petitioner alleging dishonour of cheque —Complaint petitions two in number pending before Chief Judicial Magistrate, Gurdaspur — Petition for transfer of complaint petitions by petitioner on ground of apprehension of danger to his life — Allegation of petitioner that when he and his counsel emerged from Court, complainant and his associates rebuked, abused and attacked petitioner causing minor injuries and bruises to him — Facts referred to by petitioner not revealed any cogent grounds for transfer — However facts appeared only to be an attempt to delay proceedings in complaints — Petition held liable to be dismissed.(Para 4)
Facts of the case:
1.Present petition has been filed by petitioner u/s 407 r/w 482 CrPC, 1973 for transfer of two complaints filed u/s 138 of N.I. Act by respondent against him. Petitioner sought transfer on ground of apprehension of danger to his life.
2.Findings of the Court : The Court held that even though petitioner alleged that when he and his counsel emerged from Court, complainant and his associates rebuked, abused and attacked petitioner causing minor injuries and bruises to him. However facts referred to by petitioner not revealed any cogent grounds for transfer. Since facts appeared only to be an attempt to delay proceedings in complaints. Hence, petition held liable to be dismissed.
Result: Petition dismissed.
ORDER
Rajive Bhalla, J.— Prayer in this petition, filed under Section 407, read with Section 482 of the Cr.P.C. is for transfer of two complaints, instituted under Section 138 of the Negotiable Instruments Act, 1881, titled as “Kuldip Singh v. Karan Singh Sambyal” and “Kuldip Singh v. M/s. Lok Pal Investment and Finance Corporation (Regd)”, by the respondent against the petitioner. These complaints are pending before Chief Judicial Magistrate, Gurdaspur.
2.The petitioner alleges that on 14.7.1999, when he and his counsel emerged from the court room, the complainant began rebuking and abusing them. The complainant and his associates attacked the petitioner causing minor injuries and bruises. They also threatened them with dire consequences. The petitioner thereafter filed an application bringing the aforementioned incident to the notice of the Chief Judicial Magistrate, Gurdaspur and praying for grant of police protection. The Chief Judicial Magistrate, Gurdaspur
forwarded the said application to the SHO, Police Station City, Gurdaspur for investigation. The incident was also brought to the notice of the President, Bar Association, District Court, Gurdaspur, who personally intervened in the matter. An application, for exemption, from personal appearance, filed by the petitioner, was rejected and his bail/surety bonds were forfeited by the Chief Judicial Magistrate, Gurdaspur.
3.Notice in the present case was issued on 4.11,1999 for 17.11.1999. The present case has been on the regular Board of this Court for some time but none has put in appearance on behalf of the parties. In this view of the matter, I have no option but to proceed to adjudicate the present petition on merits.
4.A perusal of the averments, in the petition, reveals that petitioner apprehends danger to his life at District Court, Gurdaspur. In my considered opinion, the facts, referred to in the present petition, and noticed herein above, do not reveal any cogent grounds for transfer. The facts, as set out by the petitioner, appear to be an attempt to delay the proceedings in the complaints.
In view of the aforementioned facts, the present petition is dismissed.
Petition dismissed.
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