IMPORTANT POINT
Convenience of parties including witnesses is relevant consideration for transfer of criminal case from one court to other court.

Shrihari P. Davare, J.—Heard respective learned counsel for the parties.

2. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties taken up for final hearing at the admission stage itself.

3. This is an application preferred by the applicant (original accused) under Section 407 of the Code of Criminal Procedure requesting that S.C.C. No. 1487 of 2012, pending before the learned 7th Judicial Magistrate, First Class, Aurangabad, be transferred to the court of competent jurisdiction at Latur.

4. The applicant herein is the father of the respondent. It is the contention of the applicant that R.C.S. No. 61 of 2008 was filed by the elder son of the present applicant for partition and separate possession before the Civil Judge, Junior Division, Chakur, District Latur. Accordingly, the said suit was compromised inter se between the parties, to which present applicant and the respondent were parties. A copy of R.C.S. No. 61 of 2008 and the copy of the compromise purshis is as well as decree therein are annexed with the application at Ex. ‘A’ collectively. According to the said compromise purshis, the present applicant being Karta of the family was to pay amount of Rs.25,00,000 to the present respondent, and accordingly, a cheque No. 371619, dated 12.12.2011 drawn on H.D.F.C. Bank, Latur was issued in favour of the respondent. However, according to the applicant, condition No. (E) of the compromise purshis indicates that the said amount was to be paid on sale of the suit land. The said compromise purshis bears signatures of all the parties and all are residents of Latur, except present respondent. However, it is the contention of the applicant that the respondent without waiting for the sale proceeds created charge on the land and as a result the applicant could not sale out the said suit land for want of clear title and the respondent allegedly committed breach of the terms of the said compromise.

5. It is the contention of the applicant that the respondent herein has initiated proceedings under Section 138 of the Negotiable Instruments Act against the applicant herein bearing SCC No. 1487 of 2012 at Aurangabad on the basis of the aforesaid cheque and process has been issued therein and copy thereof is annexed at Ex. ‘C’.

6. According to the applicant, only process has been issued in the said proceeding and further evidence is yet to be started. Hence, it is submitted that it is expedient in the interest of justice to transfer the SCC No. 1487 of 2012 from Aurangabad to Latur by invoking provisions of Section 407 of the Code of Criminal Procedure. It is the contention of the applicant that all the parties to R.C.S. No. 61 of 2008 are residing at Latur itself except the respondent herein.

7. It is the contention of the applicant that he has preferred application below Ex.33 under Section 191 of the Code of Criminal Procedure before the learned 7th Judicial Magistrate, First Class, Aurangabad to transfer the said case to the competent court at Latur. However, the said application came to be rejected on 24.8.2012 and copy thereof is annexed at Ex. ‘D’ with the application. It is further the contention of the applicant that he is an old aged person suffering from diabetes and neuropathy and sciatica and as a result of said ailment, it is not possible for him to travel from Latur to Aurangabad on each and every date. Even it is stated that it is difficult for the applicant to maintain the sitting position while travelling from Latur to Aurangabad since he resides at Latur. According to the applicant, the litigating parties to the suit and even witnesses belong to Latur, and hence, he prayed to transfer SCC No. 1487 of 2012 from the court of the Judicial Magistrate, First Class, Aurangabad to the competent court at Latur under Section 407 of the Code of Criminal Procedure, in the interest of justice.

8. Moreover, it is also the contention of the applicant that the elder son of the applicant has