SANJAY PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 407 read with Section 482 of the Code of Criminal Procedure, praying for transfer of a complaint case No.570 of 2017 pending before the court of learned Additional Chief Judicial Magistrate at Kalyani to Additional Chief Judicial Magistrate, Asansol or to any other court of competent jurisdiction in the vicinity of Kolkata.

(2.) The case of the petitioner seeking transfer is that he is a business man of Dhanbad having a proprietorship firm. In view of business relationship between the parties, a cheque involving an amount of Rs.5,00,000/- was issued in favour of the opposite party No.2 and the same was dishonoured by the bank. The opposite party No.2 in due discharge of statutory formalities initiated a notice of demand, and since notice of demand turned to be futile exercise, an independent prosecution under Section 138 of Negotiable Instruments Act was instituted against the petitioner. It is the definite stand of the petitioner that the court, where the instant prosecution has been initiated is about 450 kilometre away from his residential house at Dhanbad, and it takes more than 10 hours journey to reach at Kalyani in the interest of putting up his best available defence. Petitioner wants to contest the case putting up his best available defence, and accordingly has sought for transfer of the present case now pending at Kalyani to the Court at Asansol, or to any other court of competent jurisdiction in the vicinity of Kolkata.

(3.) Learned advocate for the petitioner referring such facts submitted that the petitioner would be unnecessarily put to face much convenience to contest the case, undertaking a journey of more than 10 hours from his residence, and urged the court for transfer of the pending case to the proposed court, so that there could be comparatively lesser harassment to the petitioner.