PATHI Vs. DONTHAM

JUDGEMENT

(1.) This Transfer Criminal Petition is filed seeking to transfer C.C.No.1628 of 2018 from the file of the Additional Judicial First Class Magistrate, Devarakonda, Nalgonda District, to the Court of the XI Chief Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District.

(2.) Learned counsel for the petitioner submits that the first respondent is residing at Dilsukhnagar and the entire transaction took place within the limits of Dilsukhnagar. It is further submitted that the first respondent filed O.S.No.514 of 2018 before the Principal Senior Civil Judge at L.B. Nagar, for recovery of the alleged promissory note and the same is pending. But the first respondent filed C.C.No.1628 of 2018 before the Additional Judicial First Class Magistrate, Devarakonda, Nalgonda District, for the offence under Sec. 138 of the Negotiable Instruments Act. Learned counsel further submits that he is a retired employee from CRPF Battalion and when the first respondent was harassing the petitioner, he gave a report to the police, Chaitanyapuri Police Station but the police failed to register his complaint. It is further submitted that the first respondent is a resident of Nalgonda District and there is life threat to the petitioner and as such C.C.No.1628 of 2018 may be transferred from the Court of the Additional Judicial First Class Magistrate, Devarakonda, Nalgonda District, to the Court of the XI Chief Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District.

(3.) On the other hand, learned counsel for the first respondent submits that the cheque was presented at A.P. GVB, Chinthapally Branch, Nalgonda District and the same was returned on 11/5/2018, as there were no sufficient funds in the account of the petitioner. As such, the petitioner has filed the above complaint on the file of the Additional Judicial First Class Magistrate, Devarakonda, Nalgonda District and the petitioner failed to state any reason, much less valid reason for transfer of the said C.C.No.1628 of 2018 from Nalgonda to Hyderabad.