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HIGH COURT OF MADHYA PRADESH
Dharmendra Singh Parihar – Appellant
Versus
Narayan Prasad Pandey – Respondent


Advocates:
Gourav Shrivastava,

This petition has been filed under Section 407 of Cr.P.C. for

transfer of the complaint case registered as SCNIA No.133/2021

pending before the Court of JMFC, Shajapur (M.P.) to any other nearby

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situated Court.

Facts of the case are that non-applicant/respondent has filed a

complaint under Section 138 of N.I. Act alleging that the cheques

bearing numbers 610702 and 610703 of Rs.2.,00,000/- each were

issued by the applicant in lieu of a financial liability against the non-

applicant. The cheques were presented for encashment before the bank,

but were dishonored due to insufficiency of funds in the accounts of the

applicant. The said complaint was registered as SCNIA No.133/2021

pending before the JMFC, Shajapur. The respondent is a practicing

advocate at Shajapur and hence, in view of the resolution of District

Bar Association Shajapur dated 27.05.20022 that no advocate enrolled

in their association can be engaged in any case against the advocates

and, hence, the petitioner and his counsels have also moved an

application for engaging another counsel. On 25.06.2022, the learned

trial Court has rejected applications of the applicant and framed the

charges against the petitioner under Section 138 of N.

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