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2023 Supreme(Online)(AP) 14522
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE B SYAMSUNDER TRANSFER CRIMINAL PETITION NO: 26 OF 2023 Between:
1. Sri Siva Sai Agro Agencies, Rep by its proprietor V. Mahesh, S/o. Krishnamurthy, Aged 35 years, R/o H.No. 3-56, Budidhapadu Village, Guduru Mandal, Kumool District.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh
2. M/ s. Godavari Plant Sciences Pvt.Ltd., Rep by its Managing Director N.Dwaraka Srinivas, S/o. SuryaRao, Dr. No.4-20, Pedda Ramalayam Street, Chandravaram Village, Chagallu Mandalam ...RESPONDENTS Counsel for the Petitioner(s): VARUN BYREDDY Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE B SYAMSUNDER TRANSFER CRIMINAL PETITION NO.26 of 2023
ORDER:
I have heard the learned counsel for the petitioner Mr.Varun Byreddy as well as the learned counsel for the 2nd respondent Mr.N.Siva Reddy.
2. This Transfer Criminal Petition is filed by the petitioner under Section 407 of the Criminal Procedure Code (in short, ‘Cr.P.C’), seeking transfer of CC.No.2074 of 2019 on the file of II Additional Judicial Magistrate of First Class, Rajamahendravaram of East Godavari District to Judicial Magistrate of First Class at Kurnool of Kurnool District, on the ground that he is suffering from back pain since long time, he is not in a position to travel a distance of 530 kms to attend the Court at Rajamahendravaram. The petitioner also filed medical certificates, pertaining to the years 2014-2018.
3. As per the contention of the learned counsel for the petitioner, the petitioner is suffering from back pain, due to that he could not travel by bus or train to attend before the Court at Rajamahendravaram, whereas the contention of the learned counsel for the 2nd respondent is that the petitioner has not attended the Court at Rajamahendravaram, and the case is coming up for examination of the petitioner since 29.10.2019, no latest medical certificate is filed by the petitioner to support his contention with regard to his ill-health.
4. The Hon’ble Apex Court in S.Nalini Jayanthi vs. M.Ramasubba Reddy1 held that “a complaint under Section 138 cannot be transferred as per the convenience of the accused”. A complaint filed under Section 138 of the NI Act shall be disposed of as expeditiously as possible as per the directions issued to all the Courts by the Hon’ble Apex Court. No latest Medical certificate is filed by the petitioner.
5. This Court did not find any merits in the contention of the petitioner, seeking for transfer of CC.No.2074 of 2019 from II Additional Judicial Magistrate of First Class Court, Rajamahendravaram to Judicial Magistrate of First Class at Kurnool. If the petitioner is suffering from any ill-health, he can always seek exemption from his personal appearance, and he can also file necessary petition before the concerned Court for his
examination through video conference, if law permits. If such application is made by the petitioner for grant of exemption, the learned trial Judge shall consider the same, as per the procedure laid down under law. The learned trial Judge shall compel the petitioner to appear only when his presence is absolutely mandatory for conduct of the trial.
6. In the result, as per the directions mentioned supra, this Transfer Criminal Petition is dismissed. Pending, applications if any, shall stand disposed of. Interim Stay if any, granted shall stand vacated.
___________________________ JUSTICE BANDARU SYAMSUNDER Date: 22.08.2023 Bsv THE HON’LE SRI JUSTICE BANDARU SYAMSUNDER Tr.Crl.P.No.26 of 2023 Date : 22.08.2023 Bsv
