DHARAM VEER BATRA Vs. NASAR ULLAH KHAN

JUDGEMENT

(1.) This is an application seeking transfer of a complaint filed by the respondent before 1st Additional Munsiff, Srinagar levelling allegations for commission of offences under Sections 452, 323, 420 & 506 RPC The petitioner seeks transfer of the complaint from Srinagar to Jammu on the ground that he is an old man of 82 years and the President of Shri Sanatan Dharam Pratap Sabha, Lal Chowk, Srinagar The complainant-respondent had been selling the property of the Sabha since 2002 In that regard, the first agreement was executed between the Sabha and the complainant- respondent in 2002 at Jammu (Annexure- A) The agreement too was executed at Jammu (Annexure-K) There was dispute with regard to the payment by the respondent which resulted in filing of a complaint under Section 138 of the Negotiable Instruments Act at the hands of the petitioner against the complainant- respondent at Jammu The complaint was withdrawn after payment was made by the complainant-respondent in favour of the Sabha and he had assured the payment of the balanced amount in the near future The document concerning the payment and other receipts has been placed on record The allegation levelled by the petitioner is that the complaint filed at Srinagar by the complainant-respondent is a counter blast to the aforesaid criminal proceeding initiated by the petitioner for recovery of the amount The petitioner had received bailable warrants to appear before the Court at Srinagar on 23 10 2008 When the matter came up for consideration before this Court on 23 10 2008, the proceedings before the Trial Court were stayed and, thereafter, Mr Pant has been appearing for the complainant-respondent

(2.) I have heard Mr S S Ahmed, learned counsel at some length and am of the view that the transfer application deserves acceptance

(3.) It has come on record that the complainant respondent had faced criminal proceedings at the instance of the Sabha which was initiated through the petitioner being President of the Sabha at Jammu The complaint was filed under the Negotiable Instruments Act somewhere in 2005 Moreover, a number of transactions between the parties have taken place at Jammu