HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
TRANSFER CRIMINAL PETITION No. 49 of 2021
ORDER:
This transfer criminal petition is filed seeking to withdraw C.C.No.99 of 2019 from the file of the III Additional Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, and transfer the same to the file of the Judicial First Class Magistrate at Srikakulam.
2. The case of the petitioner, in brief, is that the 2 nd respondent filed a private complaint against him before the III Additional Chief Metropolitan Magistrate at Gajuwaka, under Section 138 of the Negotiable Instruments Act, 1881 (for short "the N.I. Act"), which was numbered as C.C.No.99 of 2019, alleging that the petitioner entered into a loan agreement No.PALSATF1504290004 dated 25.04.2015 with the 2nd respondent for an amount of Rs.10,00,000/- by mortgaging his immovable properties and as the cheque bearing No.000137 dated 02.08.2018 issued by the petitioner for Rs.10,50,000/- towards part payment of loan amount was dishonoured due to insufficient funds, the 2nd respondent filed the aforesaid private complaint against the petitioner; that the 2nd respondent filed A.O.P.No.316 of 2018 on the file of the Principal District Judge, Srikakulam, against the petitioner and others, for attachment of the property of the petitioner before judgment for a sum of Rs.16,82,052/- on the ground of non-payment of outstanding loan amount; that 2 NV,J Trl.Crl.P.No.49 of 2021 later, the 2nd respondent filed Arbitration Case No.320 of 2018 against the petitioner and others before the Arbitral Tribunal of Sole Arbitrator at Srikakulam, for payment of Rs.22,04,656/-; that the 2nd respondent filed A.R.C.No.278 of 2018 against the petitioner and others and basing on the ex parte award and decree dated 16.10.2018 passed therein, the 2nd respondent filed E.P.No.86 of 2020 on the file of the Principal District Judge at Srikakulam for realisation of Rs.41,36,905/-; that the 2nd respondent filed C.C.No.1000 of 2018 on the file of the Judicial Magistrate of First Class at Srikakulam, against the petitioner under Section 138 of the N.I. Act; that the petitioner filed a suit in O.S.No.100 of 2017, which was re-numbered as O.S.No.92 of 2018 on the file of the III Additional District Judge at Srikakulam, against the 2nd respondent, for redemption of mortgaged properties and for a direction to the 2nd respondent to recover the outstanding loan amount; and that as all the cases referred to above are pending adjudication before the Courts at Srikakulam, in order to avoid conflicting of judgments and inconvenience to both parties, the petitioner filed the present transfer criminal petition seeking transfer of C.C.No.99 of 2019 from the file of the III Additional Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, to the file of the Judicial First Class Magistrate at Srikakulam. 3
NV,J Trl.Crl.P.No.49 of 2021
3. Heard learned counsel for the petitioner, learned Assistant Public Prosecutor for respondent No.1, and learned counsel for the 2nd respondent and perused the record.
4. Learned counsel for the petitioner contends that the 2nd respondent is doing business in finance and having its branches all over India including at Srikakulam and Visakahpatnam. He contends that all the transactions between the parties in respect of the above mentioned cases were taken place at Srikakulam only and all the cases are pending adjudication before the Courts at Srikakulam. However, the 2nd respondent filed C.C.No.99 of 2019 before the Additional Chief Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, only to harass the petitioner. He also contends that C.C.No.1000 of 2018, which was filed by the 2nd respondent against the petitioner under Section 138 of N.I. Act, is also pending before the Judicial Magistrate of First Class, Srikakulam. Therefore, it is appropriate to transfer C.C.No.99 of 2019 from the file of the III Additional Chief Metropolitan Magistrate, Gajuwaka to the file of the Judicial Magistrate of First Class, Srikakulam.
5. Per contra, learned counsel for the 2nd respondent contends that C.C.No.99 of 2019 was filed under Section 138 of the N.I. Act for dishonour of the cheque, which was issued by the petitioner and drawn on Karur Vysya Bank, Palasa Branch, Srikakulam, by its Bank i.e., City Union Bank, 4 NV,J Trl.Crl.P.No.49 of 2021 Gajuwaka Branch. As the cheque issued by the petitioner was dishonoured by the City Union Bank, which is within the jurisdiction of Gajuwaka, the 2nd respondent filed the C.C. on the file of the III Additional Metropolitan Magistrate, Gajuwaka. Therefore, the counsel for the petitioner cannot contend that the present C.C. was filed at Gajuwaka only to harass the petitioner. However, the learned counsel did not oppose for transfer of the C.C.No.99 of 2019.
6. A perusal of the record clearly reveals that all the above mentioned cases except C.C.No.99 of 2019 are pending before various Courts situated at Srikakulam and all the transactions between the parties in respect of those cases were taken place at Srikakulam. In fact, the 2nd respondent is also having a Branch Office at Srikakulam and it can also prosecute the C.C. at Srikakulam. In these circumstances, if the preset case is transferred to the Judicial First Class Magistrate at Srikakulam, no prejudice will be caused to the 2nd respondent. Further, C.C. No.1000 of 2018 filed under Section 138 of N.I. Act is also pending adjudication before the Judicial First Class Magistrate at Srikakulam. Therefore, transfer of the C.C. will not only avoid inconvenience to both parties but also avoid conflicting of judgments. Moreover, the learned counsel for the 2nd respondent admitted that the 2nd respondent is having a Branch Office at Srikakulam and he did not oppose for transfer of the C.C.No.99 of 2019. In view 5 NV,J Trl.Crl.P.No.49 of 2021 of the same, this Court is inclined to allow the transfer criminal petition.
7. Accordingly, the Transfer Criminal Petition is allowed and C.C.No.99 of 2019 is hereby withdrawn from the file of the III Additional Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, and transferred to the file of the Judicial First Class Magistrate at Srikakulam.
Consequently, miscellaneous applications, if any, pending shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J 20th April, 2022 cbs 6 NV,J Trl.Crl.P.No.49 of 2021 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Transfer Criminal Petition No.49 of 2021 20th April, 2022 cbs