IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 23 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 7035 of 2024 SMT. INDU SINGH Versus SHRI PAWAN SHARMA Appearance:

Shri Aakash Malpani - Advocate for the applicant.

Ms. Ruby Haldkar - Advocate for the respondent.

ORDER The present petition has been preferred at the instance of the accused under the provisions of section 407 of the Code of Criminal Procedure , 1973 seeking transfer of a private compliant filed by the respondent under Section 138 of the negotiable Instruments Act pending before JMFC, Shujalpur to any court of similar jurisdiction at Itarsi, District - Narmadapuram.

2. The facts of the case reveal that the petitioner and the respondent were well acquainted with each other. The respondent provided certain financial assistance to the petitioner, and in lieu thereof, the petitioner handed over a cheque amounting to Rs. 6 lakhs drawn on her account. The respondent, being a resident of Shujalpur, presented the said cheque for encashment before the State Bank of India, Branch–Shujalpur, District–Shajapur (M.P.). The said cheque was dishonoured on account of insufficiency of funds in the account. Consequently, a criminal complaint was filed under the provisions of Section 138 of the Negotiable Instruments Act before the Court of the Judicial Magistrate First Class, Shujalpur, bearing Case No. SC NIA 69 of 2022. The said complaint is pending consideration.

3. Learned counsel for the petitioner submits that the petitioner is an old-aged widow. There is no family member to escort her to Shujalpur on each date of hearing. It is further submitted that the petitioner is innocent and has not committed any offence. It is also contended that the respondent is an influential person and may cause harm to the petitioner, as his earlier behaviour was not proper. Lastly, it is argued that the respondent is a well-earning person and has sufficient means to attend the court proceedings at Itarsi, therefore, the matter may be transferred to Itarsi, District–

Narmadapuram.

4. Learned counsel for the respondent opposes the prayer of transfer of the case. It is submitted that the jurisdiction to hear the matter lies within the Shujalpur. The petitioner has failed to show any sufficient ground for transferring the case. In support of his contention learned counsel for the respondent has relied on the judgment of the Hon’ble Supreme Court in the case of Kasthuripandian vs. RBL BBank Limited (Transfer Petition(s)

(Criminal) No.515/2014 decided on 24.06.2024).

5. Heard the learned counsel for the parties and perused the record.

6. The petition filed under Section 407 of Cr.P.C. seeking transfer of the case to another district on the ground that the petitioner is a 54 year-old widow does not merit acceptance. Mere age or marital status, howsoever sympathetic, cannot by itself constitute a valid ground for transfer in the absence of any cogent material demonstrating real and substantial hardship, threat to fair trial, or reasonable apprehension of bias.

7. The jurisdiction under Section 407 of Cr.P.C. is to be exercised cautiously. No exceptional or compelling circumstance has been brought on record to show that continuation of proceedings before the competent Court would result in miscarriage of justice.

8. The Hon’ble Supreme Court in the case of Kasthuripandian (supra), has held as under:-

"Upon hearing the counsel the court made the following:

At the instance of the accused, we cannot issue order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner can always apply for grant of exemption from personal appearance to the concerned Court.

Pending application stands disposed of accordingly."

9. The Hon'ble Apex court in the above judgment has denied transfer of private complaint on the application of accused. In the present case also, no ground is available for transfer the case.

10. Accordingly, the petition stands dism