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Neutral Citation No. - 2025:AHC:60214 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 704 of 2024 Applicant :- Luv Kumar Thakur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Complaint Case No. 147 of 2024, tilted Subhash Kumar Vs. Luv Kumar Thakur, under Section 138 Negotiable Instruments Act, 1881, Police Station Surajpur, District Gautam Budh Nagar, pending before the Additional Civl Judge (S.D)-I, Gautam Budh Nagar to Ghaziabad or any other district.
Learned counsel for applicant has argued that the opposite party no.2, who is a complainant in a complaint case, under Section 138 Negotiable Instruments Act, 1881 is a practicing advocate, who had given beatings to the applicant on 30.7.2024, therefore, the applicant is unable to contest the said case. Learned counsel prays that it would be in the interest of justice, if, the subject case pending at Gautam Budh Nagar is transferred to Ghaziabad or any other district, as it would be convenient to the applicant to pursue the said case. During the course of hearing, it is not disputed by learned counsel for applicant that in the complaint filed by the opposite party no.2 relating to the dishonour of the cheque issued by the applicant, he is yet to appear. That apart, a case F.I.R. No.418 of 2024, dated 1.8.2024 has already been registered against the applicant at the instance of opposite party no.2 for the alleged commission of offences punishable under Sections 115(2), 352, 351(3) B.N.S.S. and Sections 3(1)(r), 3(1)(s), 3(2)(va) SC/ST Act. Thus, the sole ground raised for transfer of the case is not supported with any material whereas on the other hand, according to the complainant, it is the applicant, who gave him beatings. The application is dismissed.
Order Date :- 22.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad