A.SWAROOPARANI Vs. P.SURESH

JUDGEMENT

(1.) The present Transfer Criminal Petition is filed by the petitioner/accused seeking transfer of C.C.No.11 of 2017, pending on the file of the I-Special Magistrate, Cyberabad at Malkajgiri to the Court of XVII Metropolitan Magistrate, Cyberabad at Malkajgiri.

(2.) Brief facts of the case are that a private complaint came to be filed by the 1st respondent/complainant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner/accused, alleging therein that the petitioner/accused is acquainted with him since a long time through her son, Mr.Hari, as such, the petitioner/accused and her son approached him in the month of July, 2016 and requested for a hand loan of Rs.10,00,000/- upon which, the 1st respondent/complainant advanced an amount of Rs.10,00,000/- on 13.07.2016 to the petitioner/accused to meet her urgent domestic needs. The said amount was advanced to the petitioner/accused at the office of the 1st respondent/complainant in the presence of one Bhargav and that the petitioner/accused promised to repay the same within a short period. It is also stated in the complaint that when the 1st respondent/complainant asked for repayment of the loan amount, the petitioner/accused has been dodging the issue on one pretext or the other. Thereafter, the petitioner/accused issued a cheque bearing No.078223, dated 26.07.2016 for Rs.10,00,000/- drawn on Indian Overseas Bank, Sainikpuri Branch, in favour of the 1st respondent/complainant towards repayment of hand loan and towards discharge of legally enforceable debt. When the said cheque was presented by the 1st respondent/Complainant through his banker Indian Overseas Bank, Sainikpuri Branch, the same was returned un-paid due to insufficient funds in the account of the petitioner/accused, vide cheque return memo, dated 17.10.2016. The 1st respondent/complainant got issued a legal notice dated 03.11.2016, demanding the petitioner/accused to repay the said cheque amount within 15 days, through registered post with acknowledgment due. Though the said notice was received by the petitioner/accused, she did not choose to repay the cheque amount. Therefore, the 1st respondent/complainant filed the said private complaint, which was taken on file as C.C.No.11 of 2017. When the said C.C. was posted for defence arguments, the petitioner/accused filed Tr.Crl.M.P.No.3514 of 2019 before the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar, seeking to transfer C.C.No.11 of 2017 from the file of the I-Special Magistrate Court, Malkajgiri to the Court of XVII Metropolitan Magistrate, Malkajgiri. By an order, dated 22.10.2019, the learned Metropolitan Sessions Judge dismissed the said Transfer Criminal Petition. Now the petitioner/accused has come forward with the present Transfer Criminal Petition seeking to withdraw C.C.No.11 of 2017 from the file of the I-Special Magistrate, Malkajgiri, Cyberabad and transfer the same to XVII Metropolitan Magistrate, Cyberabad at Malkajgiri.

(3.) Heard learned Counsel appearing for the petitioner/accused, learned Counsel appearing for the 1st respondent/complainant and the learned Public Prosecutor appearing for the 2nd respondentState.