Sindiri Srinivasa Rao, vs The State Of A.P.
2022 Latest Caselaw 1884 AP

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

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.

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,

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

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

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