SMITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for transfer of Complaint Case No. 122C/2021 from the Court of Judicial Magistrate 1st class, Munger to any competent Court at Birpur or any other competent court under Supaul Sessions Division.

(2.) Petitioner is one of the accused of Complaint case no. 122C/2021 which has been filed by opposite party no.2. As per the complaint, two cheques issued by the petitioner in favour of opposite party no.2 got dishonoured on account of ..exceed arrangements.., pursuant to which complaint was filed and therefore cognizance of the offence was taken under sec. 138 of the Negotiable Instrument Act and summons were issued to the petitioner vide order dtd. 23/2/2021 by the Court of the Chief Judicial Magistrate, Munger.

(3.) Learned counsel appearing for the petitioner submits that the complainant and the petitioner both are old residents of Birpur and run Customer Service Point (CSP) of Central bank of India at Birpur and also do the work of property dealer at Birpur area having bank accounts at Birpur. He further submits that because of previous annoyance, complainant intentionally presented the cheques in question at Munger only for harassing the petitioner because Munger is far from Birpur. Besides this, all the witnesses of the case are residents of Birpur and the court of competent jurisdiction is also available in Birpur. Learned counsel submits that the petitioner is a lady and there is no one in the family of the petitioner to accompany her while travelling to Munger in course of pursuing the case time and again required by the court.