ORDER:

I have heard learned counsel for the petitioners, Mr.K.L.N Swamy as well as learned counsel for respondent No.2, Mr.T Janardhan Rao.

2. This petition is filed by the petitioners under Section 407 of the Criminal Procedure Code (in short “Cr.P.C”), seeking transfer of C.C.No.737 of 2021 on the file of Special Judicial Magistrate of First Class Mobile Court, Nellore, to any other Court situated at outside Nellore District on the ground that R2 lodged a false report against him which is subject matter in CC No.6651 of 2021 for the offences punishable under Sections 417, 420, 506 r/w 34 IPC against himself and his wife, then petitioners approached this Court by filing quash petition wherein stay was granted. He submits that R2, filed CC No.737 of 2021 on the file of Special Judicial Magistrate of First Class Mobile Court, Nellore, for the offences punishable under Section 138 of Negotiable Instrument Act, using blank signed cheque which was taken as security, who also filed OS No.24 of 2022 and OS No.26 of 22 on the file of I Additional Senior Civil Judge Court, Nellore against himself and his wife, where in those cases, they are attending the Courts at Nellore regularly. The main contention of the petitioners is that due to the threat of creditors, he filed IP No.60 of 2020 on the file of Senior Civil Judge Court, Guntur against 41 persons including R2 which is pending. The petitioners submit that they filed Crl.P.No 3526 of 2022 and got stay order in CC No.6651 of 2021 on the file of II Additional Judicial First class Magistrate, Nellore and filed IP No.60 of 2020 on the file of Senior Civil Judge Court, Guntur, but R2 harassing himself and his wife whenever they attended the Court at Nellore and threatened them to attack, whenever they attend Court at Nellore due to that they also lodged a report before Deputy Superintendent of Police, Superintendent of Police and Deputy Inspector General of Police, Guntur range on 22.07.2023 but no action has been taken by the police providing security to him. It is also the contention of the petitioners that they are not in a position to attend the Court in CC No.737 of 2021 unless it is transferred from Nellore to any other District. They pray to allow the petition.

3. R2 filed Counter-affidavit denying the averments in the affidavit of the 1st petitioner. It is the contention of R2 that he never threatened petitioners whenever they attended the Court. He submits that he filed CC No.737 of 2021 before the Special Judicial Magistrate of First Class Mobile Court against the petitioners as they failed to repay the amount due and they issued cheque which was bounced and filed OS No.24 of 2022 and OS No.26 of 2022 on the file of I Additional Senior Civil Judge Court, Nellore which suit also decreed and he filed Execution Petition for recovery of the amount. He submits that the petitioners have not attended Court in Cheque bounce case, due to that Non-Bailable Warrant also issued against them. It is the contention of R2 that IP No.60 of 2020 was dismissed six (6) months back which fact is suppressed by the petitioners. R2 also stated that other persons also filed cheque bounce cases before the Courts at Nellore vide CC Nos. 39 of 2021, 40 of 2021, 49 of 2021, 153 of 2021 and 155 of 2021, wherein the petitioners are attending but created the ground that to seek transfer of cheque bounce case filed. He prays to dismiss the petition.

4. Now, the point that emerges for consideration of this Court is: -

“Whether there are any grounds to consider the request of the petitioners to transfer C.C.No.737 of

2021 on the file of Special Mobile Judicial Magistrate of First Class Court, Nellore to any other Court situated at outside Nellore District ?”

5. POINT:-

Before going to the merits of the case, it would be beneficial to quote Section 407 of Cr.P.C. which reads as under:-

“407. Power of High Court to transfer cases and appeals:

(1) Whenever it is made to appear to the High Court-

(a) that a fair and impart