ORDER:

This Transfer Criminal Petition is filed by the petitioner/Accused under Section 407 of Criminal Procedure Code (in short “Cr.P.C.”) seeking transfer of C.C.No.134 of 2018 from Judicial First-Class Magistrate Court, Anaparthi, to any Magistrate Court, Rajamahendravaram.

2. The case of the petitioner in brief is that R2 filed a complaint against him for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act, 1881 as amended by Act 66 of 1988 which is registered as C.C.No.134 of 2018, by learned Judicial First Class Magistrate, Anaparthi, wherein he appeared and engaged an advocate.

3. The petitioner submits that he is a resident of Visakhapatnam, hails from good family but taking advantage of the possession of blank signed promissory notes and cheques in the hands of one Mr. D.V.V.S. Prasad who is a henchman of R2 a false complaint under Section 138 of Negotiable Instruments Act filed against him only to blackmail him. The main contention of the petitioner is that court at Anaparthi is situated in the loop-line of national highway and it is very difficult for him to attend the court in view of the very bad condition of the roads as he is also suffering from heart ailment and there is no frequent train facility to Anaparthi. He also apprehends danger to his life, in the hands of R2 and filed petition seeking Transfer of C.C.No.134 of 2018 from Judicial First- Class Magistrate Court, Anaparthi, to any Magistrate Court, Rajamahendravaram. The petitioner has filed Transfer Criminal Petition before District Judge, Rajamahendravaram, which was dismissed on

28.06.2022 and then filed Petition before this Court.

4. The learned counsel for the petitioner would submit that petitioner is suffering from heart ailment due to that it is difficult for him to travel to attend court at Anaparthi as there is no frequent train facility to the Anaparthi town and road condition is also bad. He would further submit that learned Magistrate is insisting presence of petitioner for each and every adjournment though petitioner is a resident of Visakhapatnam which causes more hardship to the petitioner. He prays to allow the Petition.

5. The main contention of the petitioner is that due to bad condition of the roads he could not undertake journey due to his ill-health to attend the Court at Anaparthi and another contention is that Mr. D.V.V.S.Prasad and R2 are threatening him whenever he attends the Court at Anaparthi. Admittedly, petitioner has not filed any medical certificate to support his contention that he is suffering from ill-health. A perusal of orders passed by learned Principal District Judge, Rajamahendravaram in Transfer Criminal Miscellaneous Petition No.4 of 2022, wherein a counter is filed by R2 who stated that previously in C.C.No.368 of 2015 filed by him against the petitioner herein wherein petitioner convicted and sentenced to undergo simple imprisonment for a period of six (6) months and to pay a compensation of Rs.15,00,000/- (Rupees Fifteen Lakhs only) and then petitioner has filed Criminal Appeal challenging his conviction and sentence by filing Criminal Appeal No.219 of 2019 on the file of Principal District Judge Court, Rajamahendravaram. He also stated that petitioner previously filed Criminal Miscellaneous Petition No.16 of 2016 on the file of this Court seeking transfer of the said case which was dismissed on 02.11.2016.

6. Now the fact remains is that no medical Certificate is filed by the petitioner to support his contention and the contention of the petitioner is that due to bad condition of the roads he could not undertake travel cannot be accepted, which is not a ground to transfer the Criminal Case from one court to another court, when courts are already established in the different areas of the district after considering the convenience of the litigant public. The only contention which learned counsel for the petitioner would submit is that learned Trial Judge is insisting physical presence of