HITENDRA PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dtd. 17/9/2022 passed by learned Additional Sessions Judge No.2, Chittorgarh whereby, the learned Additional Sessions Judge upheld the order dtd. 4/10/2021 passed by Special Judicial Magistrate (NI Act Cases) by which learned Magistrate took cognizance under Sec. 138 of N.I. Act against the petitioner so also the administrative order dtd. 22/4/2022 passed by District and Sessions Judge, Chittorgarh transferring the complaint case to the court of Additional Chief Judicial Magistrate No.2, Chittorgarh.

(2.) Brief facts of the case are that the complainant/respondent no.2 filed a criminal complaint on 4/1/2021 against the petitioner for offence under Sec. 138 of N.I. Act before the learned Special Judge (N.I. Act Cases), Chittorgarh stating therein that since the petitioner was in dire need of money, the complainant extended a loan of Rs.5,00,000.00 and in lieu of repayment of loan, the petitioner gave a cheque in the sum of Rs.5,00,000.00 dtd. 25/12/2020 drawn on State Bank of India Branch, Chittorgarh. It was alleged that when the complainant presented the said cheque for realization, the same was dishonoured with the remark "insufficient funds". Thereafter, the complainant gave a legal notice on 11/3/2021 and after stipulated period of 30 days, the complainant presented the complaint before the learned Special Judge, (NI Act Cases), Chittorgarh.

(3.) The Special Judge (N.I. Act Cases), Chittorgarh took cognizance on 4/10/2021 for offence under Sec. 138 N.I. Act and directed issue of summons to the petitioner. During pendency of the service of summons, the learned District Judge vide order dtd. 22/4/2022 transferred the complaint from court of Special Judge (N.I. Act Cases), Chittorgarh to the court of Additional Chief Judicial Magistrate, Chittorgarh who thereafter issued warrant of arrest against the petitioner. The petitioner challenged the said order before the court of District and Sessions Judge, Chittorgarh by way of revision petition, which was transferred to the court of Additional District and Sessions Judge No.2, Chittorgarh. Learned Additional District and Sessions Judge No.2, Chittorgarh vide order dtd. 17/9/2022 dismissed the revision petition on the ground that District and Sessions Judge got the powers under Sec. 408 Cr.P.C. to transfer the complaint from the court of Special Judge (NI Act Cases), Chittorgarh to the court of Additional Chief Judicial Magsitrate, Chittorgarh.