Neutral Citation No. - 2025:AHC-LKO:25493 Court No. - 14 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 34 of 2025 Applicant :- Ravindra Pratap Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Shri Rama Pati Shukla has put in appearance on behalf of respondent no. 2 and has filed his vakalatnama, which is taken on record. 2. The present application has been preferred with the following main prayer:- "This Hon'ble Court may kindly be pleased to transfer the proceeding of said case from the court of learned Additional Civil Judge (Junior Division), Room No. 15, Pratapgarh to the court of learned Chief Judicial Magistrate, Sultanpur for the trial along with Crl. Case No. 228 of 2016 arising out of Case Crime No. 60/2015, Under Section-403, 419, 420 I.P.C., Police Station-Kotwali Nagar, District Sultanpur (State versus Raj Kumar Gupta), in the interest of justice. " 3. The brief facts of the case are that the respondent no. 2 has filed a case on 30.07.2015, under Section 138 Negotiable Instruments Act, 1881, pertaining to bouncing of cheque issued by the applicant and the applicant has lodged a missing report of cheques on 14.06.2015 and an N.C.R dated 03.07.2015 in the Police Station Sultanpur. 4. Learned counsel for the applicant has submitted that both the case are inter-connected for the reason, if the applicant succeeds in the case of missing of cheques pending before the concerned court at Sultanpur, then the case filed by respondent no. 2 for bouncing of cheque will come to an end. In support of his submission, he has relied upon the judgment of the Hon'ble Supreme Court in the case of Sudheer and others versus State of M.P with State of M.P versus Lavkush and others, reported in (2001) 2 SCC 688 and prays that either the case pending at Pratapgarh be transferred at Sultanpur or the case pending at Sultanpur may be transferred at Pratapgarh as both the cases are triable by the Magistrate, so the cases may be heard together. 5. Learned counsel for respondent no. 5. Learned counsel for respondent no. 2, after arguing at some length, has submitted that he has no objection if the case pending at Sultanpur be transferred at Pratapgarh where the proceedings of case filed under Section 138 N.I. Act, preferred by respondent no. 2 is going on. 6. Learned counsel for the applicant has submitted that he has no objection if the case is transferred to the place of choice given by the learned counsel for the respondent no. 2 i.e. Pratapgarh. 7. As such, the present application is allowed. 8. The Case Crime No. 228 of 2016, arising out of Case Crime No. 60 of 2015, under Sections 403, 419, 420 I.P.C, Police Station (State versus Raj Kumar Gupta), pending before Chief Judicial Magistrate, Sultanpur shall be transferred to the court of Additional Civil Judge (Junior Division), Room No. 15, Pratapgarh having jurisdiction to hear criminal matters and to hear this case alongwith the Case no. 3339 of 2015, under Section 138 N.I. Act titled as 'Raj Kumar Gupta versus Ravindra Pratap Singh'. 9. Learned counsel for the applicant has further submitted that the applicant will not take any adjournments and will appear on each and every date unless there are unavoidable circumstances. 10. On the other hand, learned A.G.A has submitted that as per Section 220 Cr.P.C, the trial of more than one offence of the same transaction shall be triable by the same magistrate. 11. The District Judge, Sultanpur is directed to transfer the case bearing Case Crime No. 228 of 2016 to district Pratapgarh within a period of two weeks from the date of certified copy of this order is served and the court at Pratapgarh, which is hearing the case no. 3339 of 2015 shall also hear the matter which will be transferred from Sultanpur, without granting any unnecessary adjournment to either of the parties and if any adjournment is unavoidable, only short dates may be fixed. Order Date :- 2.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench