[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 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 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 the record, that after filing of the complaint by the respondent No.2 at Rawatsar u/s 138 NI Act, the petitioner filed the aforesaid FIR at Anupgarh, in which negative final report has been submitted by the police. Merel