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2015 Supreme(Del) 498

SUNIL GAUR
Rathi Ispat Ltd. – Appellant
Versus
State Govt. of NCT of Delhi – Respondent


Appearing Advocates:
For the Petitioner:Satish Kumar Tripathi, Advocate.
For the State:Karan Singh, Additional Public Prosecutor. For the Respondents:R2, Seema Gupta, Advocate.

Judgment :-

Petitioner is an accused in proceedings under Section 138 of the Negotiable Instruments Act, 1881 and Notice under Section 251 of Cr.P.C. has been framed against petitioner and his co-accused on 16th July, 2013. Thereafter, petitioner had filed an application under Section 145(2) of the Negotiable Instruments Act, 1881, which was allowed by trial court vide order of 1st August, 2013 and the case was listed for complainant's evidence.

Learned counsel for petitioner had sought an adjournment for cross-examination of the authorised representative of respondent No.2-complainant and thereafter, had filed an application for transfer of the case to the court of competent territorial jurisdiction while relying upon Apex Court's decision in Dashrath Rupsingh Rathod v. State of Maharashtra & Anr. 2014 (9) SCALE 97. Trial court as well as revisional court has declined to transfer the case under Section 138 of the Negotiable Instruments Act, 1881 on the ground that it has gone beyond the stage of Section 145 (2) of the Negotiable Instruments Act, 1881.

Learned counsel for petitioner submits that respondents No.3 to 9 are pro forma parties as they are co-accused and no relief is claim






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