ORDER:

I have heard the learned counsel for the petitioner, Mr.Ghantasala Udaya Bhaskar. None appeared for R1/complainant. The learned counsel, Mr.Rohith, represented on behalf of learned Additional Public Prosecutor representing R2.

2. This petition is filed by the petitioner under Section 407 of Code of Criminal Procedure (in short ‘CrPC’) seeking transfer of C.C.No.4665 of 2022 from Special Judicial Magistrate of First- Class (Prohibition & Excise) at Kurnool to Judicial Magistrate of First-Class, Gudivada of Krishna District for want of territorial jurisdiction.

3. It is the contention of the petitioner that R1 filed cheque bounce case against him vide C.C.No.4665 of 2022 on the file of Special Judicial Magistrate of First Class (Prohibition & Excise), Kurnool, on the ground that cheque issued by him in pursuance of loan said to be bounced. At the first instance, the cheque was presented at Karur Vysya Bank, Gudivada branch and thereafter, they said to be presented the cheque at Karur Vysya Bank, Kurnool branch to create cause of action and filed false complaint. The main contention of the petitioner is that R1/complainant filed complaint before the Court at Kurnool instead of Court at Gudivada only to harass him. He submits that Kuchipudi village where now the petitioner is residing is at a distance of 400 kms to Kurnool town. It is difficult for him to travel from his village to Kurnool town to put forth his defence in C.C.No.4665 of 2022 on the file of Special Judicial Magistrate of First Class (Prohibition &

Excise), Kurnool. He prays to allow the petition.

4. A perusal of copy of complaint in C.C.No.4665 of 2022 on the file of Special Judicial Magistrate of First Class (Prohibition & Excise), Kurnool, which prima facie shows that petitioner said to be borrowed loan from R1-company which head office is at Chennai and petitioner issued cheque drawn on Indian Bank, Movva Branch of Krishna District which was at the first instance said to be presented at Karur Vysya Bank, Gudivada branch which was returned with an endorsement that “Due to Insufficient Funds”. Thereafter, again the said cheque was presented before the Karur Vysya Bank, Kurnool Branch of R1-company account. The loan transaction between the petitioner and R1 said to be took place within jurisdiction of Gudivada Court and admittedly, petitioner is also residing at Kuchipudi village within the jurisdiction of Judicial Magistrate of First Class, Movva of Krishna District and the cheque which was presented at the first instance at Karur Vysya Bank, Gudivada Branch where at the first instance cause of action to file cheque bounce case arose.

5. After considering the fact that at the first instance cheque said to be issued by the petitioner was presented before Karur Vysya Bank, Gudivada branch which was returned with insufficient funds, as the petitioner was also not residing in Kurnool District, R1 ought to have filed complaint before the Judicial Magistrate of First Class, Gudivada of Krishna District. It is also not in dispute that distance between Kuchipudi village to Kurnool town is about 400 kms, certainly it would be difficult for petitioner to travel to Kurnool town to put forth his defence in a cheque bounce case filed by R1. There are grounds to consider the request of the petitioner to transfer C.C.No.4665 of 2022 from Special Judicial Magistrate of First Class (Prohibition & Excise), Kurnool to Judicial Magistrate of First Class, Gudivada of Krishna District.

6. In the result, this Transfer Criminal Petition is allowed. C.C.No.4665 of 2022 on the file of the Special Judicial Magistrate of First Class (Prohibition & Excise), Kurnool is hereby withdrawn and transferred to the Judicial Magistrate of First Class, Gudivada of Krishna District. The learned Special Judicial Magistrate of First Class (Prohibition & Excise), Kurnool shall transmit the case records in C.C.No.4665 of 2022 after duly indexed to the Judicial Magistrate of First Class, Gudivada of Krishn