THE HON’BLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION NO.116 OF 2025

ORDER:

This transfer criminal petition is filed by the petitioner/complainant seeking transfer of STC.NI.No.322 of 2021 from the file of VII Metropolitan Magistrate, Hayathnagar, Ranga Reddy District to any Metropolitan Magistrate, L.B.Nagar, Ranga Reddy.

2. Heard Sri G. Jonathan, learned counsel for petitioner, Sri Y. Hema Chander, learned counsel appearing for respondent No.1 and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent No.2-State.

3. The contention of learned counsel for the petitioner is that petitioner initially filed a complaint under Section 138 of Negotiable Instruments Act before the VII Metropolitan Magistrate at Hayathnagar in the year 2017 itself which was numbered as C.C.No.4428 of 2017. Even after several adjournments, the accused and his counsel were very irregular, as such NBW was issued and even thereafter, for more than two years no action has been taken. As such, the petitioner filed Crl.P.No.6529 of 2024 wherein this Court directed the trial Court to conclude trial as expeditiously as possible, even thereafter there is no development in the case. Hence, the petitioner approached the District Court for transfer of the said case from Hayathnagar Court to any Metropolitan Magistrate Court under the Principal District Court, L.B.Nagar, Ranga Reddy, but the same was dismissed on the ground that there is direction from this Court. The matter pertains to the year 2017 and for more than eight years there is no progress in the case. The accused is managing the things therefore, the trial Court is not proceeding with the case. Hence, requested this Court to transfer STC.NI.No.322 of 2021 from the file of VII Metropolitan Magistrate, Hayathnagar, Ranga Reddy District to any Metropolitan Magistrate Court under the District Court at L.B.Nagar, Ranga Reddy District.

4. On the other hand, respondent No.1 filed counter denying the averments stating that Hayathnagar Court is the jurisdictional Court to try the case and the same cannot be transferred to any other Court for silly reasons. Section 142 A of N.I.Act would apply to administrative transfers to distribute work load and it is not applicable to individual application for transfer of single case under N.I.Act. The petitioner herself is not ready to proceed with the case and she has not filed her chief affidavit. When this Court directed to dispose of the matter, there is no regular Magistrate, but now there is a regular Magistrate in the trial Court and the trial Court is proceeding with the case. As such, there is no need to transfer the said case.

5. Considering the submissions made and the material on record, the only ground on which petitioner is requesting to transfer STC NI No.322 of 2021 is that the matter pertains to the year 2017. Earlier also this Court gave direction to the trial Court to dispose of the matter expeditiously, whereas the same was not disposed of as there is no regular officer to the said Court. However, according to respondent No.1 now there is a regular officer to the said court. Hence, the trial Court is directed to dispose of STC NI No.322 of 2021 as early as possible by listing the matter every week.

6. With the above direction, this Transfer Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

______________ K. SUJANA, J Date : 25.11.2025

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