Allahabad High Court
Smt Babita Rani vs State Of U.P. And Another on 31 May, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:100001
Court No. - 81
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 155 of 2024
Applicant :- Smt Babita Rani
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Durgesh Kumar Singh,Rishabh Narain Singh
Counsel for Opposite Party :- G.A.,Sharad Kumar Srivastava
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for both the parties as well as learned A.G.A. and perused the record.
This transfer application has been moved by the applicant with a prayer to transfer the trial proceedings initiated under Section 138 N.I. Act, Reg. No. 10500 of 2020, Police Station Kotwali, District Fatehpur from District Court Fatehpur to the court of competent jurisdiction at District Prayagraj.
Facts in brief are that applicant is wife of opposite party no. 2 Mukesh Kumar. A cheque was taken by the opposite party no. 2 from the applicant amounting to Rs. 8,00,000/- (Eight Lakhs) and it was presented before the Bank at Fatehpur but payment was stopped and it was subjected to dishonour against which a complaint was filed at Fatehpur which is pending in the court of Civil Judge (Junior Division)/F.T.C. Fatehpur as Case No. 10500 of 2020, under Section 138 N.I. Act, Police Station Kotwali, District Fatehpur.
It is submitted by learned counsel for the applicant that in this case, applicant is a teacher in Primary School and have two children. There is inconvenience to the applicant in attending the court proceedings at Fatehpur from Prayagraj. There is difficulty in availing the vacation from her school, therefore, in view of her convenience the case be transferred from District Fatehpur to the court of competent jurisdiction at District Prayagraj.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the opposite party no. 2 is also teacher in Primary School at Fatehpur and there will be equal inconvenience to him in availing vacation from his school and only on the ground of convenience of wife, case cannot be transferred from one district to other unless there is no any other cogent ground to transfer the case. He has relied his argument on the judgment passed by co-ordinate Bench of this Court in Transfer Application (Criminal) 66 of 2022 (Smt. Roshan Jahan Vs. Hasmat Ali @ Chhedu and another) dated 24.5.2024 in which this Court has considered the law as held in the Case on Rajkumar Sabu Vs. Sabu Trade Private Ltd reported in 2021 SCC OnLine SC 378 and Satish Jaggi Vs. State of Chhattisgarh, (2007)3 SCC 62 and rejected the application holding that the convenience of the applicant cannot be a ground to transfer the case from court having jurisdiction to another court.
Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. and perusal of record, it appears that there is matrimonial dispute between the applicant and opposite party no. 2 and present case is under Section 138 N.I. Act which is pending at Fatehpur in the learned court of Civil Judge (Junior Division)/ F.T.C. Fatehpur having jurisdiction. Applicant makes request to transfer the case only on the ground of her convenience from District Fatehpur to District Prayagraj but in view of the opinion as taken by this Court in the aforesaid judgment only on the basis of convenience of the applicant, case cannot be transferred from one district to another.
Accordingly, this transfer application is hereby rejected with the liberty to the applicant to apply under Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 for availing video conference facility in judicial proceedings. It is hereby provided that in case any application is preferred by the applicant under the aforesaid Rules, the court/authority concerned shall be obliged under law to pass an appropriate order in accordance with law at the earliest. It is hereby directed that all the courts and authorities shall act in aid of the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020.
Order Date :- 31.5.2024
Anurag Singh
