MD FAYZAL HOQUE Vs. ABDUL GOFUR MONDAL

JUDGEMENT

(1.) Heard Mr. D. Dey, learned counsel for the petitioner.

(2.) The petitioner has filed the instant transfer petition under Sec. 447, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking transfer of the proceedings of a complaint case, C.R.[N.I.] Case no. 5316 C/2022 from the Court of learned Judicial Magistrate, First Class, Kamrup [M] at Guwahati to the Court of learned Chief Judicial Magistrate, Barpeta at Barpeta.

(3.) The complaint case, C.R.[N.I.] Case no. 5316C/2022 has been instituted by the respondent herein as the complainant under Sec. 138 read with Sec. 142 of the Negotiable Instrument Act, 1881, as amended, ['the N.I. Act', for short] stating inter alia that a cheque bearing no. 000036 dtd. 10/4/2022 drawn for an amount of Rs.2,00,000.00 by the petitioner from a bank account maintained by him at Ganeshguri Branch of HDFC Bank stood dishonoured on its presentation for collection by the respondent-complainant at his Bank, AXIS Bank Ltd., Bharalumukh Branch on the ground of insufficiency of fund in the account maintained by the petitioner at HDFC Bank, Ganeshguri Branch. Upon dishonour of the cheque, a legal notice was sent by the respondent-complainant to the petitioner, on 11/7/2022. It has been averred in the complaint that the legal notice sent by registered post on 11/7/2022 was duly delivered to the noticee, that is, the accused-petitioner at his address at Madhurjya Enclave, House no. 85, near Hatigaon Police Station, P.O. Hatigaon, District - Kamrup [M], Assam on 15/7/2022. After elapse of the statutory period, the complaint was filed by the respondent-complainant before the Court of learned Chief Judicial Magistrate, Kamrup [M] at Guwahati on 26/8/2022. Thereafter, the complaint case, registered and numbered as C.R.[N.I.] Case no. 5316C/2022, was transferred to the Court of the learned Judicial Magistrate First Class, Kamrup [M] at Guwahati for disposal. In C.R.[N.I.] Case no. 5316C/2022, the petitioner is the sole accused.