Baswanappa Patil vs Sivakumar Ptail & Anr
- CitationAIRONLINE 2008 SC 502
Ratio decidendi
The rule this decision rests on
Where criminal complaints under Section 138 of the Negotiable Instruments Act are pending in a court in one State but the respondents (accused) are ordinarily residents of another State where the complainants also reside, the court may transfer the proceedings to a court in the State where the respondents and complainants are resident in the interest of justice, having regard to the relationship between the parties and the convenience of the parties. The transferee court should, where respondents are ordinarily resident in the original jurisdiction, accommodate them by consolidating hearings and fixing matters on the same date where expedient.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
The petitioner by this application filed under Section 406 of the Code of Criminal Procedure has sought for transfer of the criminal complaint being ST No. 294/2007, titled as Shivakumar Patil vs. Baswanappa patil, as also the criminal compliant being ST No.523/2007, titled as Udayashree Patil vs. Baswanappa patil, both pending before the Court of Chief Judicial Magistrate, Kollam, Kerala, to the Court of Judicial Magistrate, First Class, Tandur, Rangareddy District in the Sate of A.P.
The relationship between the petitioner and the respondent is that of father and son. Respondent No.2 is the wife of Respondent No.1. They have filed the aforementioned two complaint petitions against the petitioner for commission
-2- of alleged offence under Section 138 of the Negotiable Instruments Act, which as noticed hereinbefore, are pending in the Court of Court of Chief Judicial Magistrate, Kollam in the State of Kerala. From the averments made in the said transfer application as also the documents annexed thereto it appears that the respondents are also residents of Tendur in the District of Rangareddy, A.P. Having regard to the relationship between the parties and keeping in view the aforementioned fact, we are of the opinion that in the interest of justice the aforementioned two cases be transferred from the Court of Chief Judicial Magistrate, Kollam, Kerala to the Court of Judicial Magistrate, First Class, Tandur, Rangareddy District in the Sate of A.P. However, the transferee Court, keeping in view the fact that the respondents are ordinarily residents of Kollam in the State of Kerala, shall accommodate them as far as possible and, if expedient, shall take up both the matters for hearing on the same date.
The transfer petitions are allowed accordingly.
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