H.R. Panwar, J. - (1.) By the instant criminal misc. transfer petition u/s. 407 Cr.P.C., the petitioner seeks transfer of criminal case No. 411/2003, Jakhad Brothers v. Har Chand Verma , pending in the Court of Judicial Magistrate, Gharsana to a Court of Judicial Magistrate, Sri Ganganagar.
(2.) I have heard learned counsel for the parties. Perused the order of the learned Sessions Judge, Sri Ganganagar passed on an application filed by the petitioner seeking transfer of the case.
(3.) Facts giving rise for decision of the instant criminal transfer petition are that respondent No. 2 filed a complaint u/s. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) before the Court of Judicial Magistrate, Gharsana against the petitioner, which is pending trial being criminal case No. 411/2003, on the ground that a cheque dated 20.5.2003 for a sum Rs. 3,27,000/- on Punjab National Bank, Meera Chowk, Sri Ganganagar was. issued by the present petitioner in favour of respondent No. 2, which on presentation to the Bank, was dishonoured for want of sufficient fund in the bank account of the petitioner. The notice demanding the payment of cheque amount, as envisaged u/s. 138 of the Act, was served on the petitioner but despite service of notice, the petitioner failed to make payment within the stipulated period of notice and, therefore, the complaint was filed against the petitioner. The petitioner has also filed a criminal case against respondent No. 2, inter alia, alleging therein that the cheque in question duly signed was lost on 11.12.2002. Though, except the signature, the alleged lost cheque was completely blank. The concerned Bank was intimated by the petitioner reading loss of the cheque promptly on 7.1.2003. The Bank recorded the information of loss of cheque in its record. Despite the information recorded by the Bank regarding loss of cheque, the cheque in question was presented to the bank by respondent No. 2 on 30.5.2003, almost more than four months and same was retuned unpaid. The cheque bears the date 20.5.2003, whereas it was reported to have lost on., 11.12.2002 and the concerned bank was informed regarding loss of the cheque' on 7.1.2003 i.e. almost more than four months prior to the date mentioned on the cheque. The case registered by the present petitioner for the loss of the cheque is pending before the Court of Judicial Magistrate, Sri Ganganagar. The Court at Sri Ganganagar took the cognizance of offence against respondent No. 2. The respondent No. 2 is facing trial in criminal case No. 210/2004 for the offences u/ss. 467, 468 & 471 IPC.;