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THE HONOURABLE SRI JUSTICE K.SURENDER
TRANSFER CRIMINAL PETITION No.214 OF 2016
ORDER:
This Transfer Criminal Petition is filed under Section 407 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking to transfer C.C.No.449 of 2013 on the file of I Special Magistrate, Kukatpally at Miyapur to any other Court at Khammam District, on the ground of jurisdiction.
2. Learned Counsel for the petitioner submits that Judgment was delivered in C.C.No.449 of 2013 on 24.12.2013 convicting the appellant for the offence under Section 138 of Negotiable Instruments Act, there after on appeal the learned III Additional District & Sessions Judge, Ranga Reddy District at L.B.Nagar, in Crl.A.P.No.817 of 2013 remanded the case to the Court below for denova trial. At this juncture learned counsel for petitioner is seeking transfer of the said case stating that there is no jurisdiction for the Special Magistrate Court at Kukatpally, to try the offence.
3. As seen from the orders passed by the trial Court in C.C.No.449/2013 and also the appellate Court in 2 Crl.A.P.No.817 of 2013, the ground of jurisdiction was not raised. In the said circumstances, when no prejudice was urged before the Sessions Court or Magistrte Court, the case cannot be transferred on the said ground. However, it is open for the petitioner to agitate the ground of jurisdiction before the Special Magistrate Court at Kukatpally.
4. Accordingly, the Transfer Criminal Petition is disposed off.
Miscellaneous applications, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 29.08.2022 tk 3 THE HONOURABLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION No.214 OF 2016 Dt.29.08.2022 tk