MERAGANI SATYANARAYANA Vs. KOPPANATHI TRIMURTHULU

JUDGEMENT

(1.) The petitioner/sole accused in C.C. No. 191/2015 on the file of I Additional Junior Civil Judge, Bhimavaram prays to transfer the said case to the Court of II Additional Judicial First Class Magistrate, Bhimavaram, and try along with C.C. No. 576/2015.

(2.) The 1st respondent filed C.C. No. 191/2015 against the petitioner for the offence under Sections 138 and 142 of the Negotiable Instruments Act (for short, 'the NI Act'). The petitioner's case is that the complainant is only a name lender to one Kanagarla Vijaya Rama Krishna who was doing chit fund business in Bhimavaram. The petitioner was a member in the said chit fund business and in that connection the said Vijaya Rama Krishna obtained ten signed blank cheques from him. Later, disputes arose between them due to which C.C. No. 191/2015 and two other similar cases i.e., C.C. No. 189/2015 and C.C. No. 576/2015 were filed. In all the three cases, the common defence plea of the petitioner is that K. Vijaya Rama Krishna who is the complainant in C.C. No. 189/2015 got filed all the three cases against him by misusing the blank signed cheques available with him which were obtained from him towards security in the chit transaction but nor for discharge of any legally enforceable debt and hence, all the three criminal cases are liable to be dismissed. In that view, the material question of fact involved in all the three cases is one and the same. C.C. No. 189/2015 and C.C. No. 191/2015 are pending on the file of the I Additional Junior Civil Judge, Bhimavaram whereas C.C. No. 576/2015 is pending on the file of II Additional Judicial First. Class Magistrate, Bhimavaram. The apprehension of the petitioner is that if those cases are allowed to continue in different Courts, there may be a possibility of arriving at conflicting findings in respect of the defence taken by the petitioner/accused. The petitioner mentioned that earlier he filed Tr.Crl.M.P. No. 1316/2015 in the Court of Principal Sessions Judge, West Godavari, Eluru with similar prayer to transfer C.C. No. 191/2015 to the Court of II Additional Judicial First Class Magistrate, Bhimavaram to try along with C.C. No. 576/2015 and the said petition was dismissed.

(3.) Heard Sri K. Jyothi Prasad, learned counsel for petitioner, and Sri V.S.R. Anjaneyulu, learned counsel for 1st respondent.