SANTOSH ASRFILAL GUPTA Vs. BASHIR AHMAD HURRAH

JUDGEMENT

(1.) Complaint under Section 138 Negotiable Instrument Act, 1881 is pending before the Court of learned Judicial Magistrate (Sub-Judge) Pattan. Petitioner who is the resident of Mumbai seeks transfer of the same to any Court at Srinagar on the ground that he is being harassed while attending the Court at Pattan has apprehension of harm to his person.

(2.) Records reveal that the petitioner earlier had been convicted vide order of the trial court dated 13th August 2017 but same was successfully challenged by medium of appeal before the court of learned 1st Additional Sessions Judge Baramulla, as a result whereof, the matter had been remanded back to the court of learned Magistrate (Sub-Judge) Patttan for proceedings in the matter afresh.

(3.) Learned counsel for the respondent (complainant) states that contentions raised vis-'-vis threat perception or harassment is totally imaginary it has never happened nor will happen in the court at Pattan. He was suggested that the petitioner has to come all along from Mumbai, it will be convenient for both the parties to appear before the court to contest the case at Srinagar.