GAURI BEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) None present for respondent no.2 despite service. The present transfer petition has been filed by the petitioner with the prayer that the Crl Misc. Case No. 136/2024 pending before Additional Chief Judicial Magistrate, Raisinghnagar, District Sriganganagar to the court of Special Judge (N.I. Act Cases) No.5, Jodhpur.

(2.) Counsel for the petitioner argued that the petitioner is a senior citizen living at Jodhpur and the respondent no.2 has filed a false case under Sec. 138 of NI Act against the petitioner at Sriganganagar only with a view to harass the petitioner. It is argued that the petitioner is seeking to transfer the criminal case from Raisinghnagar to Jodhpur as there is no one in the house of petitioner to accompany her to attend the proceedings at Raisinghnagar. It is argued that the distance between Jodhpur and Raisinghnagar is around 890 kms and it is very difficult for her to travel to Raisingnagar from his residential place at Jodhpur, therefore, both the case may be transferred to the competent court at Jodhpur. Learned counsel placed reliance on the order passed by co-ordinate Bench of this Court in S.B. Criminal Misc. Petition No. 1/2022 (Swati Sharma Vs. Bheemraj Jakhad) dtd. 4/8/2022.

(3.) The respondent no.2 has filed criminal complaint against the petitioner for offence under Sec. 138 N.I. Act before the court of Additional Chief Judicial Magistrate, Raisinghnagar. In the opinion of this court, the provisions of N.I. act specifically provides the jurisdiction for the cases to be instituted under the N.I. Act. In the present case, the cheque was presented at AU Small Finance Bank located at Raisingnagar and same was dishonoured for want of funds. Therefore, no case is made out for transfer of the complaint under Sec. 138 of N.I. Act. The petitioner can always apply for grant of exemption for personal appearance to the concerned Court. Accordingly, the transfer petition is hereby dismissed.