VANDANA JADAUN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 407 of the Code of Criminal Procedure, 1973 by the applicant-accused to transfer the Criminal Case No. 1066 of 2022, 'Uttam Singh Gusain Vs. Smt. Vandana Jadaun', under Sec. 138 of the Negotiable Instruments Act, 1881, from the Court of Judicial Magistrate, Uttarkashi to the Court of Judicial Magistrate, Dehradun.

(2.) Notice has been served personally on respondent no.2-complainant. There is no representation on behalf of the respondent no.2.

(3.) Mr. Piyush Garg, Advocate contended that the applicant, about 68 years' widowed, is suffering from serious health conditions. She is residing at Dehradun. When the applicant travelled from Dehradun to Uttarkashi on 13/2/2023, she got seriously ill and her medical condition started deteriorating. She visited District Hospital, Uttarkashi and got herself medically examined on 13/2/2023. After coming back from Uttarkashi to Dehradun, she got herself medically examined by Dr. S.N. Nautiyal on 15/2/2023. He advised her not to travel to high altitude area in view of her medical condition. In support of the said contention, a copy of medical certificate, issued by Dr. S.N. Nautiyal, has been filed by the applicant.