MUSHTAQ AHMAD LONE Vs. RIYAZ AHMAD MIR

JUDGEMENT

(1.) Petitioner has sought transfer of complaint/execution proceedings titled Riyaz Ahmad Mir vs. Mushtaq Ahmad Lone, from the Court of learned Chief Judicial Magistrate, Bandipora to any other Court of competent jurisdiction.

(2.) As per the petition, respondent had filed a complaint under Sec. 138 Negotiable Instruments Act before the Court of Chief Judicial Magistrate Bandipora and subject matter of the complaint was a cheque amounting to Rs.5.30 lacs. It is averred that the petitioner, who was accused in the said complaint, was compelled by a clerk of the Court of learned Chief Judicial Magistrate, Bandipora to enter into a compromise with the respondent and, under his pressure, he entered into a compromise with the respondent undertaking to pay an amount of Rs.3.50 lacs to the respondent in the monthly installments. The compromise was executed before the Lok Adalat on 14/12/2019. It is averred that pursuant to the aforesaid compromise more than 2/3rd amount was paid by the petitioner to the respondent but due to closure of business establishment of the petitioner on account of Covid-19 pandemic, he was unable to earn his livelihood, as a consequence whereof, he could not liquidate the balance amount within the stipulated time.

(3.) Petitioner has alleged that the clerk of the Court of Chief Judicial Magistrate Bandipora, who happens to be the maternal uncle of the respondent, is fixing the dates in the execution petition after every week and despite the request of the petitioner for giving him some time, the said clerk is fixing the dates of his own choice in the execution petition. Petitioner alleges that in the month of March, 2021, when the courts across the country were functioning through virtual mode, a direction was issued by the learned Chief Judicial Magistrate, Bandipora on 1/3/2021 directing the concerned SHO to attach the movable property of the petitioner to the tune of Rs.3.15 lacs.