M. Mohan Rao v. State of Chhattisgarh and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(Chh) 140

CHATTISGARH HIGH COURT
Not mentioned, J
M. Mohan Rao v. State of Chhattisgarh and Another

Table of Content
1. jurisdiction invocation requires fair trial assessment. (Para 1 , 3 , 4)
2. evidence of coercion or procedural error is necessary for transfer. (Para 2 , 8 , 12)
3. conclusive judgments must be contested in a timely manner. (Para 6 , 10)
4. transfer petitions are denied if grounds are unsubstantiated. (Para 14 , 15)

1. Invoking jurisdiction of this Court under S.407 of the Code of Criminal Procedure (for short 'the Code'), instant transfer petition, seeking transfer from the Court of Judicial Magistrate First Class, Durg to another competent jurisdictional Court, has been filed by the applicant herein, who is facing trial for the offence punishable under the provisions of Negotiable Instruments Act. 1881.

2. Brief facts necessary for disposal of this petition are as under: -
(2.1). On a complaint filed by respondent No. 2 / complainant - Pragyanand Sahu for offence under S.138 of the Negotiable Instrument Act (for short 'the Act') on 7.8.2013, the trial Magistrate has taken cognizance on 16.09.2003 and on that date offence under S.138 of the Act was registered against the petitioner herein; and further directed to issue summons on payment of process fee thereafter