Prashant Kumar Agarwal, J. - (1.) HEARD learned counsel for the parties.
(2.) THE accused -petitioner has filed this Criminal Misc.Petition under Section 482 Cr.P.C. against the order dated 12.12.2014 passed by the Judicial Magistrate No. 1, Gangapurcity (District Sawaimadhopur) in Complaint Criminal Case No. 116/2013 whereby the learned trial Court dismissed an application filed by the petitioner with a prayer to transfer the aforesaid case to a Court having jurisdiction to try it.
(3.) BRIEF relevant facts for the disposal of this petition are that the respondent -complainant filed a complaint against the accused -petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act") before the trial Court and after taking of cognizance petitioner was summoned as accused. Charge for offence under Section 138 of the Act was read over to the petitioner and the respondent filed an affidavit as evidence on 30.9.2011 and the case was fixed for cross -examination of the complainant on 31.10.2011, but by one reason or the other he could not be cross -examined and ultimately on 12.12.2014 present application was filed in the light of the view expressed by the Hon'ble Supreme Court in the case of Dashrath Roopsingh Rathore v. State of Maharashtra (Criminal Appeal No. 2287/2009). After hearing both the parties, the learned trial Court came to a conclusion that as the case has already been fixed for recording the evidence of the respondent -complainant, it is not liable to be transferred to any other Court as it falls in that category of cases which have been exempted by the Hon'ble Court from transfer. With this finding the application filed by the petitioner was dismissed. Feeling aggrieved, the accused is before this Court by way of this petition. Inviting attention of the Court towards the observation made by the Hon'ble Supreme Court in the aforesaid case to the effect that only those cases in which recording of evidence has commenced as envisaged in Section 145(2) of the Act will continue to proceed at the place where such cases are presently pending, it was submitted that in the present case the stage of Section 145(2) has not reached as only affidavit of respondent -complainant has been filed which is under Section 145(1) of the Act, the present case is also liable to be transferred to a competent Court, but the learned trial Court by misreading the observation made by the Hon'ble Court has wrongly dismissed the application.;