SANJEEV KUMAR Vs. RAJINDER KATOCH

JUDGEMENT

(1.) The petitioner is facing trial before the Court of the learned Judicial Magistrate, 1st Class, Palampur for his having committed offences under Sec. 138 of the Negotiable Instruments Act, while his having issued cheques to the complainant/respondent herein bearing sums of Rs. 2,50,000/ -, Rs. 3,75,000/ - and Rs. 15,41,366/ - respectively all of which stood dishonoured. Through the instant petition, the petitioner/accused seeks transfer of the complaints arising from dishonour of Negotiable Instruments bearing the sums aforesaid from the Court of the learned Judicial Magistrate, 1st Class, Palampur to either the Court of learned Judicial Magistrate, 1st Class, Kangra at Dharamshala or to the Court of Judicial Magistrate, 1st Class, Nalagarh, District Solan. The ground as meted out in the application for transfer is constituted in the fact of the respondent meeting out threats to his life hence hampering his personal security which deters him to appear before the learned Judicial Magistrate, 1st Class, Palampur to defend the cases instituted against him by the respondent/complainant. The allegations of intimidations meted out by the respondent/complainant to the petitioner/accused are lacking in specificity qua dates and timings of their perpetration upon the petitioner/accused. Besides given the fact that the incident of intimidation meted by the respondent/complainant to the petitioner/accused stands undisclosed and unreported to the police agency concerned, leaves the said ground to be merely surmisal as well as conjectural. Consequently no reliance can be placed upon it for constraining this Court to hence believe it, for prodding it to order for the transfer of complaints instituted at the instance of the respondent/complainant against the petitioner/accused from the Court of the learned Judicial Magistrate, 1st Class, Palampur. In view of above, there is no merit in this petition and the same is accordingly dismissed.