MUKESH KESHERWANI Vs. GRASIM CEMENTS

JUDGEMENT

(1.) This petition is for transfer of the case from a Court at Raipur (M. P. ) to Allahabad. We are told that the respondent has filed complaint against the petitioner for offence under section 138 under the Negotiable Instruments act in the Court at Raipur which case is sought to be transferred now. According to the petitioner another prosecution is also already pending against respondent in a Court situated at allahabad. Hence they thought that both the cases can be brought to the same Court for the convenience of both the parties.

(2.) There is no objection for the respondent to have the cases in same Court, but which should be that Court Learned Counsel for the respondent submitted that it was the respondent who filed the first complaint against the petitioner for the offence under Section 138 of N. I. Act. Though this was disputed by the petitioner learned Counsel for the respondent asserted that the first complaint was filed before the petitioner filed the complaint against the respondent on 21-10-1999. In view of the challenge made regarding the assertion of the respondent that he filed the complaint earlier to the complaint filed by the petitioner in the court at Allahabad, learned Counsel stated at the Bar that he is prepared to take a risk and allow the complaint to be dismissed on the ground that it was filed after the petitioner's complaint. This is recorded. In view of the said assertion this transfer petition is dismissed. Transfer Petition dismissed.