APHC010377802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 55/2025 Between: B Balakrishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P KAMLAKAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioner filed the present petition under Section 447 of B.N.S.S., 2023 seeking to withdraw C.C.No.235 of 2025 on the file of the VI Additional Junior Civil Judge, Guntur and transfer the same to the Additional Senior Civil Judge, Anantapuram to try along with I.P. No.81 of 2024. 2. The case of the petitioner in brief is as follows: I. The petitioner is engaged in a chit business and running a barber shop at Guntur Town. Due to his inexperience, the petitioner has suffered heavy financial loss in the chit business and is unable to pay the debts that are owed to the respondent No.2. The petitioner further pleaded that he had no movable or immovable properties and no other source of income to discharge the debt owed to the respondent No.2. therefore, he filed Insolvency Petition vide I.P.No.81 of 2024, on the file of the Additional Senior Civil Judge, Anantapuramu, seeking to declare the petitioner as insolvent due to his inability to discharge debts incurred in course of his chit business and barbar shop operations at Guntur Town. II. Learned counsel for the petitioner would contend that the respondent No.2 herein has filed a Private Complaint under Section 200 of Cr.P.C., before the VI Additional Junior Civil Judge, Guntur and the same is registered as C.C.No.235 of 2025, on the ground that a cheque which was issued by the petitioner was dishonored. He further contend that as the Insolvency Petition vide I.P.No.81 of 2024, is pending on the file of the Additional Senior Civil Judge, Anantapuramu and the outcome of the said insolvency proceedings are directly related to the financial obligations of the petitioner which are the basis of the criminal complaint in C.C.No.235 of 2025 and that the petitioner is constrained to file the present transfer criminal petition, seeking to withdraw C.C.No.235 of 2025 on the file of the VI Additional Junior Civil Judge, Guntur and transfer the same to the Additional Senior Civil Judge, Anantapuram to try along with I.P.No.81 of 2024. 3. Heard Sri P.Kamalakar, learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent No.1/State. Perused the material available on record. 4. The specific case of the petitioner herein is that he engaged in a chit business and running a barbar shop at Guntur, due to his incapability, he sustained loss in chit business and is unable to discharge the debts owed to the respondent, thereafter, he filed a Insolvency Petition vide I.P.No.81 of 2024, on the file of the Additional Senior Civil Judge, Anantapuramu, seeking to declare himself as insolvent. The petitioner further pleaded that the respondent No.2 had lodged a Criminal Complaint vide C.C.No.235 of 2024, on the file of the VI Additional Junior Civil Judge, Guntur, on the ground that a cheque said have been issued by the petitioner was dishonored. The petitioner herein has filed the present petition seeking to transfer the case in C.C.No.235 of 2024, on the file of the VI Additional Junior Civil Judge Court, Guntur to the Additional Senior Civil Judge, Anantapuram, to try the same along with I.P.No.81 of 2024. 5. The main ground urged by the petitioner while seeking transfer of a criminal case from Guntur to Anantapuram is that the petitioner is apprehending threat from the respondent No.2 while attending the Court proceedings in C.C.No.235 of 2024, before the VI Additional Junior Civil Judge Court, Guntur. Admittedly, the proceedings of a Criminal Case are entirely different from the proceedings of an Insolvency Petition. Further, the law is well settled that “mere apprehension of life threat would not be a valid ground for seeking transfer of a criminal case from one place to another place.” Furthermore, the case in C.C.No.235 of 2024 is registered under Section 138 of the Negotiable Instruments Act, 1881, except making the bald and vague allegations; the petitioner had failed to produce the prima facie material to prove that he has a life threat at Guntur at the hands of the respondent No.2, while attending the case proceedings in C.C.No.235 of 2024. In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner and as such the present Transfer Criminal Petition is liable to be dismissed as devoid of merit. 6. With the above observations, the Transfer Criminal Petition is dismissed at the stage of admission. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 06.08.2025 SRT