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 of parties.

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 advocate for the petitioner also submitted that the interest of justice would be subserved if the trail Court in seisin of the criminal proceeding concerning the stolen cheques also adjudicates the complaint case being C. Case No. 55 of 2013, since, the cheques involved in such case is also the subject matter in the criminal case. It is on appreciation of such facts, it was directed by an order dated April 9, 2013 passed in CRR 2822 of 2011 that the learned 12th Metropolitan Magistrate, Kolkata, would hear the complaint case filed before it together with the criminal case arising out of Regent Park PS Case No. 173 of 2009.

4. Learned advocate for the petitioner also submits that the trial of the criminal case is at the verge of completion. It was also contended that the High Court has ample powers to transfer a case, in terms of Section 407 of the Code of Criminal Procedure, upon an application made in this regard or in consideration of the convenience of the parties and witnesses or for better end of justice. In support of his contention, learned advocate for the petitioner cited the authorities reported in (2007) 7 Supreme Court Cases 454 ( B. R. Gupta and Another vs Rohit Jain ) and 2025 SCC OnLine SC 508 (Shri Sendhur Agro & Oil Industries vs Kotak Mahindra Bank Ltd.).

5. Learned advocate for the petitioner also submitted that the petitioner is a resident of Kolkata and attending the Court of learned 2nd Judicial Magistrate, Diamond Harbour, South 24-Parganas is causing great inconvenience to his health and finances.

6. On the other hand, learned advocate for the opposite party submits that there are numerous cases pending between the parties. In fact as many as eight complaint cases are pending in the Court at Diamond Harbour, whereas, only two cases are pending in the Court of Metropolitan Magistrate. In that view of the facts, it would be more convenient if the cases pending before the learned Metropolitan Magistrate are transferred to the Court at Diamond Harbour. Learned advocate for the opposite party submitted that an order appreciating such circumstance was passed on November 27, 2019 in connection with CRR 2104 of 2018 with CRR 3678 of 2018 and CRR 3679 of 2018. The parties to such proceedings were granted liberty to take appropriate steps in this regard. No steps whatsoever have been taken by the parties till date. As such selfsame prayer by way of a fresh application for transfer cannot be allowed.

7. Upon hearin