PARINITA PROPERTIES Vs. SHANKARGURU KRISHNAPPA KANDAGAL

JUDGEMENT

(1.) Heard the arguments of the petitioners' counsel.

(2.) The petitioners in the petition have contended that the petitioner No.1 is the registered company having its head office at Mysuru and petitioners No.2 and 3 are the Managing Director and Director of the 1st petitioner Company, respectively. The respondent being the member of the 1st petitioner Company, invested the amount of Rs.1,95,000.00 through RD/pigmy to purchase a site at Gadag and the said amount was invested through some local executives at Gadag. Now the land which was purchased to provide sites to its members has been acquired by NHAI for widening of the road and therefore the petitioners could not complete the project by affording sites to its members including the respondent. However, the petitioner No.2 has executed an agreement in favour of his executives affording his property as security for repayment of the cheque amount and as per the agreement, they are ready to make payment to the members but it requires some more time to allot sites in different location or for refund of the cheque amount.

(3.) Despite of this assurance, the respondents have initiated proceedings under Sec. 138 of the Negotiable Instruments Act. The trial Court was pleased to take cognizance of the offence and these petitioners being old aged, BP patient and residents of Mysuru, unable to attend the Court at Gadag on each date of hearing in the criminal case initiated by the respondent and also petitioners have faced life threat from the respondent, if they appear in the Court at Gadag and prayed this Court to transfer the C.C.No.2776/2017 pending on the file of I Addl. Civil Judge and JMFC I Court, Gadag, to the Court of Civil Judge (Jr.Dn.) and JMFC, Mysuru, for the effective adjudication.