This petition is filed under Section 407 of Cr.P.C., seeking

transfer of C.C.No.569/2020 pending before Principal Civil Judge

and JMFC., Hosanagara to the Court of Senior Civil Judge at

Ramadurga,

Belgaum

District

for

disposal

along

with

C.C.No.661/2020.

2.

It is the case of the petitioner that petitioner and

respondent are from Ramadurga Taluk and Belagavi District and on

13.01.2020, the respondent had caused a demand notice alleging

that a cheque issued by him in favour of respondent was bounced

for 'insufficient funds' to the tune of Rs.12,00,000/- and hence he

has filed a criminal complaint before the Hosanagara Court. He

would also contend that similar allegations were made in respect of

cheque pertaining to Rs.12,00,000/- and similar complaint was

lodged against the present petitioner in Ramadurga Court. It is

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further asserted that both the petitioner and respondent are

permanent residents of Ramadurga taluk and it would be

convenient for both of them to prosecute the matter in Ramadurga

Taluk. Hence, he would seek for transfer of matter pending before

the Hosanagara Court to Ramadurga Court.

3.

Per contra, learned counsel for respondent objected the

transfer on the ground that the cause of action arose in Hosanagara

as the cheque was presented in Hosanagara and the complaint was

lodged in Hosanagara. He would also contend that as regards the

Ramadurga matter, the trial is almost under the verge of conclusion

and both the courts have independent jurisdiction and the matters

cannot be clubbed and heard together and hence, he would seek for

rejection of the transfer petition.

4.

Heard the arguments advanced by the learned counsel

for the petitioner and learned counsel for respondent. Perused the

records.

5.

Learned counsel for the petitioner would contend that

both the transactions are between the same parties and both the

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parties are permanent resident of Ramadurga Taluk. He would

contend that it would be convenient for both the parties as well as

the Court to deal with these matters if they are heard by the

common Court. Hence, he would seek transfer. In support of his

contention he also placed reliance on the decision reported in the

case of AIR 2020 SCC 5488 and he invites the attention of this

Court in paragraph No.20 to 22.

6.

Per contra, the learned counsel for respondent -

complainant would seriously oppose the transfer contending that

the causes of action in both the courts are entirely different and

criminal cases cannot be clubbed as they are arising out of different

cause of action and cheque amount is also different. He would also

contend that initially the complainant - respondent was residing in

Ramadurga Taluk as his wife was working there in Bank and now

his wife has been transferred. Now, he is no more a resident of

Ramadurga taluk and he is permanent resident of Hosanagara. He

would also contend that he has got a life threat in Ramadurga and

hence, it is not possible for him to attend the Ramadurga Court. He

also submits that matter pertaining to Ramadurga Court is on the

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verge of conclusion as the evidence was concluded and hence, he

would seek for dismissal of the transfer petition.

7.

Having heard the arguments and perusing the records,

it is evident that complaint lodged in Hosanagara is pertaining to

cheque amount of Rs.12,00,000/-. There is no serious dispute of

the fact that the cheque was presented at Hosanagara and the

intimation regarding the bounce of cheque was delivered in

Hosanagara. Hence, admittedly, the jurisdiction of the Hosanagara

Court is undisputed. As regards the other cheque is concerned, it is

pertaining to Rs.7,00,000/- wherein the cause of action arose in

Ramadurga and complaint was lodged by the respondent herein in

Ramadurga Court. The cause of action in both the cases are

entirely different. No doubt both the cases are between the same

parties but having different causes of action and the amount

involved in these cases is also different. The defence