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[2026:RJ-JD:23242]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Transfer Petition No. 25/2024

Kesuram S/o Chetanram, Aged About 62 Years, Chak 3 N.M.

Dhaba, Tehsil Anupgarh, Distt. Sriganganagar (Raj.)

----Petitioner

Versus

1. State Of Rajasthan, Through PP

2. Munsiram S/o Rampratap, Chak 4 L.M. Tehsil Anupgarh,

Distt. Sriganganagar (Raj.)

----Respondents

For Petitioner(s) : Mr. Rakesh Kumar Chotia

For Respondent(s) : Mr. Prem Singh Panwar, P.P.

Mr. Bhagirath Solanki for R-2

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

14/05/2026

1. The instant criminal transfer petition has been filed by the

petitioner seeking transfer of Criminal Original Case No.197/2020

titled as "Munshiram Vs. Kesuram" filed by the respondent No.2

under Section 138 of the Negotiable Instruments Act against the

petitioner pending before Judicial Magistrate, Rawatsar,

Hanumangarh to the Judicial Magistrate, Anupgarh,

Sriganganagar.

2. Heard learned counsel for the parties and perused the

material available on record.

3. Learned counsel for the petitioner submitted that the

respondent No.2 with an ulterior motive just to harass and torture

the petitioner mentally and financially has filed the case under

Section 138 of the NI Act before the Judicial Magistrate, Rawatsar,

District Hanumangarh against him, whereas both the parties are

residing at Anupgarh, District Sriganganagar. It is submitted that

in the matter relating to the cheque in question, the petitioner has

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also got registered an FIR No.494/2020 against the respondent

No.2 at P.S. Anupgarh, Sriganganagar for the offence u/s 420,

467, 468, 471, 384 and 120B IPC wherein, the police after

investigation has filed negative final report before ACJM,

Anupgarh, however, the protest petition filed by the petitioner

before the said Court is pending consideration. The petitioner

being an elderly person, great inconvenience would be caused to

him in traveling and attending every scheduled hearing of the case

pending at Rawatsar, Hanumangarh which is at a distance of about

150 kms from Anupgarh. In such facts and circumstances, the

petitioner seeks transfer of the aforesaid criminal case pending

before Judicial Magistrate, Rawatsar, Hanumangarh u/s 138 NI Act

to Judicial Magistrate, Anupgarh, Sriganganagar.

4. Learned counsel appearing for the respondent No.2 opposed

the prayer for transfer of the case and submitted that merely on

the ground of inconvenience of the petitioner who is an accused in

the aforesaid case filed u/s 138 of the NI Act, the case cannot be

transferred. In this regard, the attention of the Court has been

drawn towards the decisions of the Hon'ble Apex Court rendered in

S. Nalini Jayanthi Vs. M. Ramasubba Reddy reported in 2022

LiveLaw (SC) 880 and Kasthuripandian S Vs. Rbl Bank Limited,

Transfer Petition(s) (Criminal) No.515/2024 decided on

24.06.2024. Learned counsel thus, prayed for rejection of the

transfer petition.

5. I have considered the rival submissions made on behalf of

the parties. Admittedly, the respondent No.2 has filed a complaint

under Section 138 of the NI Act against the petitioner before the

Judicial Magistrate, Rawatsar, District Hanumangarh which is

pending consideration. The petitioner being an accused seeks

transfer of the said complaint on the ground that he is old aged

person of 62 years and great inconvenience would be caused to

him in traveling and attending the dates of hearing at Rawatsar,

District Hanumangarh which is at a distance of about 150 kms

from Anupgarh, Sriganganagar. Nothing has been produced on

record denoting that the petitioner is suffering from any kind of

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serious ailment thereby he cannot move and travel to attend the

dates of hearing of the case at Rawatsar, District Hanumangarh. It

also transpired from t