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RAJENDRA KUMAR VERMA
Dharmendra Singh Parihar – Appellant
Versus
Narayan Prasad Pandey – Respondent
ORDER
1. This petition has been filed under section 407 of Cr.P.C. for transfer of the complaint case registered as SCNIA No.133/2021 pending before the Court of JMFC, Shajapur (M.P.) to any other nearby situated Court.
2. Facts of the case are that non-applicant/respondent has filed a complaint under section 138 of N.I. Act alleging that the cheques bearing numbers 610702 and 610703 of Rs.2.,00,000/- each were issued by the applicant in lieu of a financial liability against the nonapplicant. The cheques were presented for encashment before the bank, but were dishonored due to insufficiency of funds in the accounts of the applicant. The said complaint was registered as SCNIA No.133/2021 pending before the JMFC, Shajapur. The respondent is a practicing advocate at Shajapur and hence, in view of the resolution of District Bar Association Shajapur dated 27.5.20022 that no advocate enrolled in their association can be engaged in any case against the advocates and, hence, the petitioner and his counsels have also moved an application for engaging another counsel. On 25.6.2022, the learned trial Court has rejected applications of the applicant and framed the charges against the petitioner
Bar resolutions boycotting accused representation violate constitutional rights to fair trial and counsel choice.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
Mere apprehension of not getting justice or extraneous affairs not connected with the issue of transfer are not sufficient grounds for transferring a case.
The court dismissed the petition under Article 227 as mala fide, emphasizing the need for ethical conduct from lawyers and the importance of judicial independence.
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....
A transfer of case on the grounds of apprehension of bias or interference by bar members requires substantial evidence; mere allegations without material substantiation are insufficient to justify th....
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