ORDER:

There is no representation for the petitioner, though the matter is listed under the caption of part-heard.

2. The learned counsel for the respondent, Mr. Kotha Ram Mohana Rao submitted his arguments. At request of learned counsel for the respondent, this court has taken up the case for hearing.

3. This petition is filed by the petitioner under Section 24 of Code of Civil Procedure (in short ‘C.P.C.’) seeking transfer of O.S. No.286 of 2022 on the file of Junior Civil Judge Court, Narasaraopet to XIII Additional District Court, Narasaraopet to try along with Criminal Appeal No.43 of 2021.

4. The case of the petitioner in brief is that there are disputes between himself and the respondent in respect of money transactions, wherein he was constrained to give certain documents, cheques and promissory notes to the respondent. The petitioner submits that in view of disputes between himself and the

2 BSS, J respondent, the respondent filed a cheque bounce case in C.C.No.198 of 2017 on the file of I Additional Junior Civil Judge Court, Narasaraopet for alleged dishonour of cheque for a sum of Rs.5,00,000/-, wherein he was convicted vide judgment dated 24.02.2021 and he was sentenced to undergo imprisonment for nine (9) months and to pay an amount of Rs.5,35,000/- towards compensation. It is the contention of the petitioner that aggrieved by the judgment of the Trial Court in the Cheque bounce case, he preferred Criminal Appeal No.43 of 2021 on the file of XIII Additional District Court, Narasaraopet which is pending.

5. The petitioner submits that as per the advice of the elders, they both entered into Memorandum of Understanding on 14.03.2022, wherein he agreed to pay a sum of Rs. 3,50,000/- and for settling the matter amicably before the Lok Adalat, for which the respondent also agreed to sign in all the relevant documents for referring the matter to the Lok Adalat. The petitioner submits that on 14.03.2022 when the Memorandum of Understanding has been executed, he gave a sum of Rs.2,00,000/- and agreed to pay a sum of Rs.1,50,000/- on the date of settlement of case before Lok Adalat and then both have agreed to refer the matter to Lok Adalat. After one month from the date of execution of Memorandum of

3 BSS, J Understanding and when he prepared all the documents, the respondent resiled from the agreement who refused to sign in the documents and demanded the petitioner to pay a sum of Rs.5,00,000/- for complying the conditions of the Memorandum of Understanding and to sign on the document, to refer the matter to Lok Adalat. Then petitioner said to be filed a suit for specific performance of Memorandum of Understanding dated 14.03.2022 vide O.S.No.286 of 2022 on the file of the Principal Junior Civil Judge Court, Narasaraopet, which is still pending. The main contention of the petitioner is that the point to be considered in Criminal Appeal No.43 of 2021 and issues in suit filed by him in O.S.No.286 of 2022 on the file of Principal Junior Civil Judge Court, Narasaraopet are similar and all the facts in both the cases are interlinked, due to that, suit for specific performance filed by him basing on Memorandum of Understanding dated 14.03.2022 has to be transferred to XIII Additional District Court, Narasaraopet to try along with Criminal Appeal No.43 of 2021. The petitioner also referred ratio laid down by Hon’ble Bombay High Court in Aldo Volgel vs. Jimmy D. Nanavutty and others1 wherein it is said to be held that Civil Court findings will have a bearing on

AIR 1989 Bombay 108

4 BSS, J Criminal Court judgments. He prays to transfer O.S.No.286 of 2022 pending on the file of Principal Junior Civil Judge Court, Narasaraopet to XIII Additional District Judge, Narasaraopet to try along with Criminal Appeal No.43 of 2021.

6. The respondent filed counter affidavit denying the averments in the affidavit of the petitioner. It is the contention of the respondent that there are no grounds to grant any relief to the petitioner who is seeking trans