TUSHAR KANTI ADHIKARI Vs. GLAXO INDIA LTD

JUDGEMENT

(1.) Pursuant to petition of complaints filed by the opposite party No. 1 before the learned Sub-Divisional Judicial Magistrate, Alipore, the petitioner has been arrayed in a list of 10 proceedings under Section 138 of the Negotiable Instruments Act for dishonour of cheques ranging to different sums of amount. He has made his initial appearance and has been enlarged on bail in all the said proceedings.

(2.) Presently, the petitioner has moved this Court in these batch of Revisional Applications under Section 407 of the Code of Criminal Procedure for transferring the proceedings to Tamluk Court from Alipore Court on the ground that he is a man of 70 years of age and the vital witnesses come from Tamluk and it would be a great hardship on his part to either engage a lawyer of his choice at Alipore Court or to attend the court daily from Tamluk and further that the various proceedings are scattered in different courts of the learned Judicial Magistrate in Alipore Court and different dates are being given, he has to make his journey from his home town to Alipore after undertaking great hardship.

(3.) In each of the applications which are taken up together and are disposed of by this common judgment which will govern the fate of each of the said applications, the similar ground has been taken by Mr. AH appearing for the petitioner. Each of the said applications are individually opposed by the learned Advocates appearing for the State of West Bengal principally on the ground that the requirement of Section 407(5) of the Code of Criminal Procedure has not been pleaded and as the ground of transfer has not been made out in the petition under Section 407 of the Code of Criminal Procedure and further the cause for transfer is also not satisfactory and it is apposite that the cases should be tried as they are pending before the present forum. Learned Advocates appearing for the State have further submitted that in view of the fact that the petitioner has been summoned in connection with the cases under Section 138 of the Negotiable Instruments Act where volume of the amounts ranges to Rs. 16 lakhs, the trial should be expeditiously held and even though the witnesses may come from Tamluk for all dates cannot be a ground for transfer as the complainant is also to travel all the way from Calcutta. The submission of the State was further that the grounds are too nebulas in nature and the Revisional Applications should be dismissed.