1. The instant application under Section 407 Cr.P.C. has been filed with prayer to transfer the Complaint Case No. 969 of 2015 (Smt. Dilshad Begam Vs. Mohammad Zia Atahar), under Section 138 of Negotiable Instruments Act, pending in the court of Additional Chief Judicial Magistrate – I, Jaunpur, to any other court of competent jurisdiction at Banda.

2. Heard learned counsel for the applicant and learned A.G.A. Perused the record.

3. Despite due service of notice as long back as on 22.8.2016, and ample time and opportunity, the opposite party no. 2 neither appeared nor filed counter affidavit.

4. Learned counsel for the applicant has submitted that in view of the amendment in Negotiable Instrument Act in the year 2015, now the court situated at Jaunpur has no jurisdiction, hence the case be transferred to district Banda.

5. Per contra learned A.G.A. has opposed the application by contending that the court at Jaunpur has the jurisdiction to try the aforesaid complaint case.

6. Considered the rival submissions advanced by learned counsel for the parties.

7. Some relevant facts, in brief, as per the affidavit filed in support of this transfer application, are that the applicant Smt. Dilshad Begum, who is a resident of District Banda, had lent the opposite party no. 2, Rs. 13 lacs in the month of October, 2010. In the year 2012 the marriage of the daughter of the applicant was fixed, therefore, she demanded her money back from the opposite party no. 2 who returned the money to the applicant by means of 3 cheques. All the cheques were drawn on various banks situated at district Jaunpur. However, when the applicant submitted those cheques to be credited to her bank account at Bank of Baroda, Banda City Branch, Banda, all the cheques were returned by the bank endorsing “funds insufficient”. Thereafter, the applicant gave legal notice through her counsel which was deliberately returned by opposite party no. 2.

8. Aggrieved by the conduct of the opposite party no. 2, the applicant filed Complaint Case No. 29/IX/2013 before the A.C.J.M., Banda, which was dismissed on 5.1.2015 on the ground of lack of jurisdiction relying on the law laid down by Hon'ble Supreme Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra; AIR 2014 SC 3519, the copy of the order dated 5.1.2015 has been annexed as annexure – 1 to the affidavit. Thereafter, the applicant filed another Complaint Case No. 969 of 2015 before the A.C.J.M., Jaunpur on 3.2.2015 and learned Magistrate vide its order dated 20.2.2016 summoned the opposite party. Copy of the aforesaid complaint case and the summoning order passed there upon by the learned Magistrate has been annexed with the affidavit as annexures – 2 and 2-A respectively. However, the opposite party no. 2 did not appear before the Magistrate despite the issuance of non bailable warrant against him.

9. Learned counsel for the applicant has drawn the attention of this Court to the certified copy of the order-sheet of the aforesaid complaint case, which has been annexed as annexure – 3 to the affidavit showing that the aforesaid complaint case is pending for appearance of opposite party no. 2 and non bailable warrant has been issued against him.

10. Learned counsel has submitted that the applicant being an old lady aged about 63 years, with liability of 3 unmarried daughters, is not in a position to travel upto 560 kms. from Banda to Jaunpur on each and every date. Moreover, the opposite party no. 2 instead of appearing before the court despite issuance of coercive measures against him is continuously threatening her of dire consequences, regarding which the applicant has made a complaint before the learned Magistrate, Jaunpur, copy whereof has been filed as annexure – 5 to the affidavit. The submission of learned counsel for the applicant is that apart from the statutory bar, as per the Amending Act of 2015, the circumstances mentioned above also demand the transfer of the aforesaid complaint case from District Jaunpur