NUTAN AYURVEDIC RESEARCH CENTRE vs AMOD SHARMA - 2024-01-05

ORDER

1. The petitioners have filed the present petition under Section 406 of the Code of Criminal Procedure, 1973 seeking transfer of Criminal Complaint CC No.60 CT Cases 8908/2018 tilted “ Amod Sharma vs. Nutun Ayurvedic Research & Anr .” pending in the Court of the Metropolitan Magistrate (NI Act)-03, SE/ND, South District, Saket Courts, New Delhi to the Court of the Additional Metropolitan Magistrate at Esplanade, Mumbai.

2. We have heard learned counsel for the parties.

3. We are of the opinion that the instant cases would be covered under Section 142 A(2) of the Negotiable Instruments Act, 1881 inasmuch as the first complaint filed by the respondent-complainant against the petitioners was in the Court of the Additional Metropolitan Magistrate at Esplanade, Mumbai and any subsequent complaint that the respondent would file, ought to have been filed in the very same Court and not elsewhere.

4. Learned counsel for the petitioners has pointed out that the transfer petition1 filed by the respondent seeking transfer of the complaint filed by him at Mumbai to Delhi was considered and rejected vide order dated 02nd September, 2022.

5. It is further pointed out that Transfer Petition (Criminal) No.713 of 2023 etc.2 filed by the petitioners was allowed by this Court vide order dated 11th December, 2023.

6. Accordingly, in terms of the order dated 11th December, 2023 passed in Transfer Petition (Criminal) No.713 of 2023 etc.2 and having heard learned counsel for the parties, we direct the transfer of Criminal Complaint CC No.60 CT Cases 8908/2018 tilted “ Amod Sharma vs. Nutun Ayurvedic Research & Anr .” pending in the Court of the Metropolitan Magistrate (NI Act)-03, SE/ND, South District, Saket Courts, New Delhi to the Court of the Additional Metropolitan Magistrate at Esplanade, Mumbai.

7. The Transfer Petition is allowed on the above terms alongwith pending application.

………………..............................J.

( HIMA KOHLI )

……………...................................J.

( AHSANUDDIN AMANULLAH )

NEW DELHI;

05th JANUARY, 2024.

1 Transfer Petition (Criminal) No.639 of 2019 titled ‘Amod Sharma vs. Nutan Ayurvedic Research Center & Anr.’

2 tilted “ Nutun Ayurvedic Research & Anr . vs. Amod Sharma ”

ITEM NO.3 COURT NO.11 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CRIMINAL) NO.798/2023 NUTAN AYURVEDIC RESEARCH CENTRE & ANR. Petitioner(s)

VERSUS AMOD SHARMA Respondent(s)

( IA No. 203687/2023 - EX-PARTE STAY)

Date : 05-01-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Vinay P. Tripathi, Adv.

Mr. K H Giri, Adv.

Ms. Preeti Shukla, Adv.

Mr. B. Shravanth Shanker, AOR Mr. B Yeshwanth Raj, Adv.

For Respondent(s) Mr. Ashutosh Dubey, AOR Mr. Santosh Chhaurihaa, Adv.

Mr. Abhishek Chauhan, Adv.

Ms. Rajshri A Dubey, Adv.

Mr. H.b. Dubey, Adv.

Mr. Amit P. Shahi, Adv.

Mr. Amit Kumar, Adv.

Mr. Saubhagya Chhaurihaa, Adv.

UPON hearing the counsel the court made the following

O R D E R

The transfer petition is allowed alongwith pending application in terms of the signed order.

(Geeta Ahuja) (Renu Bala Gambhir)

Assistant Registrar-cum-PS Court Master (NSH)

(Signed Order is placed on the file)