- 1 - NC: 2025:KHC:17510 CRL.P No. 10329 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO.10329 OF 2024 BETWEEN: 1. M/S HOTEL AMAR INTERNATIONAL, INDI REP. BY SRI. MOHAMMED HANEEF S/O ABDUL REHMAN SAUDAGAR AGED ABOUT 47 YEARS 2. SRI. ISMAIL S/O ABDUL REHMAN SAUDAGAR AGED ABOUT 43 YEARS. 3. SRI. ABDUL JABBAR S/O ABDUL REHMAN SAUDAGAR AGED ABOUT 39 YEARS 4. SRI. MUSA S/O CHAND SAB SAUDAGAR AGED ABOUT 45 YEARS ALL THE ABOVE 4 PETITIONERS ARE R/AT STATION ROAD, INDI, VIJAYAPURA DISTRICT - 586 209 …PETITIONERS (BY SRI KULKARNI SHRINATH, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17510 CRL.P No. 10329 of 2024 AND: 1. M/S DURGA HOTEL AND HOSPITALITY SERVICES STATION ROAD, INDI, VIJAYAPURA DISTRICT - 586 209 REP. BY ITS PARTNER SRI. RAJAGOPAL SHETTY S/O SHIVARAMA SHETTY AGED ABOUT 54 YEARS 2. SRI. BALAKRISHNA SHETTY S/O SADANANDAA SHETTY AGED ABOUT 43 YEARS 3. SRI. MAHENDRA SHETTY S/O JAGANATH SHETTY AGED ABOUT 36 YEARS ALL THE ABOVE 3 RESPONDENTS ARE R/AT STATION ROAD, INDE, VIJAYAPURA DISTRICT - 586 209 …RESPONDENTS (BY SMT. NEERAJA KARANTH, ADVOCATE FOR SRI K SHRIHARI, ADVOCATE) THIS CRL.P IS FILED U/S 407 CR.P.C (U/S 447 BNSS) PRAYING TO TRANSFER THE CRIMINAL CASE/PROCEEDINGS IN C.C.NO.778/2023, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNKAPURA, TO THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, INDI, VIJAYAPURA DISTRICT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH - 3 - NC: 2025:KHC:17510 CRL.P No. 10329 of 2024 ORAL ORDER This petition is filed under Section 407 of Cr.P.C. praying this Court to transfer the criminal case in C.C.No.778/2023 pending on the file of the Additional Civil Judge and JMFC, Kundapura to the Court of the Principal Civil Judge and JMFC, Indi, Vijayapura District. 2. Heard the learned counsel appearing for the respective parties. 3. The learned counsel for the petitioners would contend that proceeding was initiated under Section 138 of N.I. Act and the complainants/respondents are origins of Kundapura district, who are financially sound and politically influenced with the backing of muscle power and with this power, when the petitioners asked them to vacate the respondent’s occupied hotel premises, a Cheque issued in good faith was misused and deliberately filed a case in far away places other than the place of business transactions between the parties. The counsel - 4 - NC: 2025:KHC:17510 CRL.P No. 10329 of 2024 also would vehemently contend that the respondents filing of the case in Court of Additional Civil Judge and JMFC, Kundapura is a trend to blackmailing the petitioners and indirectly forcing them to enter into a fresh lease agreement and to allow them back to commence their business operation in their premises. The respondents deliberately went to Kundapura and filed this case to see that the petitioners are purposefully forced for Court hearings in the said Court instead of the nearest Court to both the parties. The counsel further contend that the impugned proceedings have been filed by the respondents vexatiously just to harass the petitioners for illegal gain and whenever the petitioners go to Kundapura Court, the respondents used to threaten them. Hence, the matter has to be transferred to the Court of Principal Civil Judge and JMFC, Indi. 4. Per contra, the learned counsel appearing for the respondents submits that only an omnibus allegations are made in the petition and no grounds are made out to - 5 - NC: 2025:KHC:17510 CRL.P No. 10329 of 2024 transfer the case. Even if an allegation is made that with the backing of muscle power, no particular date of incident for causing of threat is mentioned in the petition and hence, the question of invoking Section 407 of Cr.P.C does not arise. The counsel also submits that when the proceeding was initiated before the Trial Court, that too within the jurisdictional Court, now, he cannot contend that the matter has to be transferred to any other Court. Hence, prayed to dismiss the petition. 5. Heard the learned counsel appearing for the respective parties and also perused of the material on record. While seeking the relief under Section 407 of Cr.P.C., there must be a ground to transfer the case. But in the case on hand, except making a general omnibus statement in the petition taking the ground that with an intention to blackmailing the petitioners using the muscle power, a relief is sought and the same cannot be a ground to seek such relief. The counsel for the petitioners also submits that a Cheque was issued in good faith and the - 6 - NC: 2025:KHC:17510 CRL.P No. 10329 of 2024 same was misused and the same cannot be considered in the petition filed under Section 407 of Cr.P.C since the same can be considered before the Trial Court while considering the matter on merits whether the Cheque was issued in respect of legal liability or not. The other contention of the petitioners’ counsel is that causing of threat to the petitioners and the same is not substantiated by placing any material on record for having caused the threat on particular date and no complaint was lodged in this regard. When such being the case, the question of invoking Section 407 of Cr.P.C does not arise. Hence, there is no merit in the petition. 6. In view of the discussions made above, I pass the following: ORDER The petition is dismissed. Sd/- (H.P.SANDESH) JUDGE SN