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IN THE HIGH COURT AT CALCUTTA
MD. SHABBAR RASHIDI
Integrated Project Management And Services – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The instant revisional application under Section 482 read with Sections 401 /407 of the Code of Criminal Procedure, 1973 corresponding to Section 528 read with 442/447 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking transfer of Complaint Case being C. Case No. 55 of 2013 pending before the learned 2nd Judicial Magistrate, Diamond Harbour, South 24-Parganas to the Court of learned 12th Metropolitan Magistrate, Kolkata.
2. It was submitted on behalf of the learned advocate for the petitioner that the order passed in CRR No. 2822 of 2011 was passed on the basis of erroneous facts. The order in such case was passed on a belief that the other cases pending before learned 2nd Judicial Magistrate, Diamond Harbour, South 24 Parganas emanated out of the same incident and were of similar nature. However, according to learned advocate for the petitioner, C. Case No. 55 of 2013, C. Case No. 56 of 2013, C. Case No. 69 of 2021 and C. Case No. 70 of 2021 are the cases which have emanated out of the incident involved in Regent Park Police Station Case No. 173 of 2009 concerning the theft of four cheques out of 20 cheques reported to be stolen.
3. Learned advoc
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....
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
Transfer of proceedings under Section 138 of the N.I. Act should consider the relative convenience of parties, especially in cases where there is a significant disparity in their socio-economic statu....
Chief Judicial Magistrate lacks jurisdiction to transfer criminal cases; such authority exclusively belongs to the Sessions Judge under the Code of Criminal Procedure.
The court established that a mere allegation of bias or apprehension of injustice is insufficient for transferring a case; there must be reasonable and substantiated grounds for such a request.
Joint trials are permissible for different offences from the same transaction, but jurisdictional limitations prevent direct transfer to a Special Court without prior commitment to the Sessions Court....
Transfer of criminal case – In a criminal case, place of inquiry and trial has to be by Court within whose local jurisdiction, crime was allegedly committed as provided by Section 177 of Cr.P.C.
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