KARAN SINGH SAMBYAL Vs. KULDIP SINGH

JUDGEMENT

(1.) Prayer in this petition, filed under Section 407, read with Section 482 of the Cr.P.C. is for transfer of two complaints, instituted under Section 138 of the Negotiable Instruments Act, 1881, titled as "Kuldip Singh v. Karan Singh Sambyal" and "Kuldip Singh v. M/s. Lok Pal Investment and Finance Corporation (Regd)", by the respondent against the petitioner. These complaints are pending before Chief Judicial Magistrate, Gurdaspur.

(2.) The petitioner alleges that on 14.7.1999, when he and his counsel emerged from the court room, the complainant began rebuking and abusing them. The complainant and his associates attacked the petitioner causing minor injuries and bruises. They also threatened them with dire consequences. The petitioner thereafter filed an application bringing the aforementioned incident to the notice of the Chief Judicial Magistrate, Gurdaspur and praying for grant of police protection. The Chief Judicial Magistrate, Gurdaspur forwarded the said application to the SHO, Police Station City, Gurdaspur for investigation. The incident was also brought to the notice of the President, Bar Association, District Court, Gurdaspur, who personally intervened in the matter. An application, for exemption, from personal appearance, filed by the petitioner, was rejected and his bail/surety bonds were forfeited by the Chief Judicial Magistrate, Gurdaspur.

(3.) Notice in the present case was issued on 4/11/1999 for 17/11/1999. The present case has been on the regular Board of this Court for some time but none has put in appearance on behalf of the parties. In this view of the matter, I have no option but to proceed to adjudicate the present petition on merits.