- (1.) This petition under section 406 of the Code of Criminal Procedure has been filed by the accused person seeking transfer of the cases filed by the complainant under section 138 of the Negotiable Instruments Act ('Act' for short) numbered as 1063 of 2002 and 1064 of 2002 pending trial in the Court of Judicial Magistrate, First Class, at Ludhiana, Punjab.
(2.) In the Transfer Petition filed, apart from the others, it is stated that the petitioner is a resident of Delhi; sufficiently aged; suffering from severe nephrology problems on his both kidneys and requires dialysis twice in a week; a case of ischaemic heart disease for the last five years; operated for severe double vessel coronary artery disease in Ganga Ram Hospital; operated for coronary angiography +LV Angio + PTCA of LCX in Saroj Hospital and Heart Institute. In support of assertion, the petitioner has produced certificates issued by the competent authorities of the hospitals who have treated him for his heart ailments and also the certificate of the doctor who is performing dialysis orice in two weeks, who has opined that the petitioner should not take long journeys outside the city.
(3.) The assertion made by the petitioner is not disputed by the other side and, in our opinion, cannot also be disputed in the light of the voluminous medical certificates produced by the petitioner alongwith the petition docket.;