KASHI RAM Vs. RAJA RAM

JUDGEMENT

(1.) This miscellaneous petition under Section 407 Cr.P.C. has been filed by the petitioner for transferring the Criminal Case No. 198/2000 pending in the Court of Additional Chief Judicial Magistrate, Anoopgarh to any other Court.

(2.) It is stated that a case under Section 138 of the Negotiable Instruments Act was registered against the petitioner in the Court of Judicial Magistrate, Gharsana by the respondent. Thereafter, learned Judicial Magistrate on 8.5.2001 passed the order on administrative side for transferring the case from the Court of Judicial Magistrate, Gharsana to the Court of Additional Chief Judicial Magistrate, Anoopgarh stating inter alia that cheque was of huge amount. The petitioner has filed an application before the learned Sessions Judge, Sri Ganganagar for transferring the case but learned Sessions Judge has dismissed the application of the petitioner.

(3.) Learned counsel for both the parties admits that the post of Additional Chief Judicial Magistrate, Anoopgarh is lying vacant since last one year and the charge has been given to Judicial Magistrate, Anoopgarh. It is contended by learned counsel for the petitioner that since the case was transferred on administrative side to the Court of Additional Chief Judicial Magistrate, Anoopgarh previously, as such, Judicial Magistrate, Anoopgarh cannot try this case and therefore, it is prayed that in the interest of justice, the above referred case may be transferred to any other Court in which ACJM or CJM is having charge.