SANAPALA UTHARAMMA Vs. GANGADA APPANNA

JUDGEMENT

(1.) This transfer criminal petition is filed to withdraw C.C.No.368 of 2018 from the file of Special Magistrate-4, Visakhapatnam and transfer the same to any other Court of Magistrate at Visakhapatnam.

(2.) The petitioner is accused in C.C.No.368 of 2018, which was filed under Sec. 138 of Negotiable Instruments Act (for short "N.I.Act"). The grievance of the petitioner is that in the open Court the Magistrate is supporting the learned counsel for the complainant and he always states in the Court that no provision of law can prevent him from convicting the accused in the present case. When an application was filed on 1/2/2019, learned counsel for the petitioner was not even permitted to cross-examine the witness and the Magistrate always ask the accused to settle the matter out of the Court and to pay cheque amount to the complainant or else penalty would be levied. Having aggrieved by the said comments made by the learned Presiding Officer, the petitioner has moved the District Court by filing Transfer Crl.M.P.No.25 of 2019, wherein, learned District Judge has called for a report from the Presiding Officer, who in- turn stated that, when the accused filed a petition in Crl.M.P.No.883 of 2019 under Rule 45 of the Criminal Rules of Practice to eschew the chief-evidence affidavit of PW.1, the same was dismissed on 2/5/2019 after hearing both sides. Except that, nothing more has happened in the case, and for the reason best known to the accused, he has moved the District Court. However, learned Presiding Officer stated that he has no objection to transfer the matter to any other Court. Considering all the contentions raised by the petitioner and the report filed by the Presiding Officer, the District Judge has dismissed the transfer criminal petition by order dtd. 14/10/2019.

(3.) Heard learned counsel for the petitioner and perused the material available on record.