Serial No. 40 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (Crl) 6/2023 CrlM(40/2023). ABDUL MAJEED MIR. …Petitioner (s) Through: Mr. Shabir Shah, Advocate vice Mr. Mansoor Ah Mir, Advocate. VERSUS GHULAM MOHI UD DIN MIR(SENIOR CITIZEN). Through: Respondent present in person. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 30.06.2025 01. The petitioner has sought transfer of criminal complaint under Section 138 of Negotiable Instruments Act filed by the respondent against him before the court of learned Judicial Magistrate 1st Class, Kupwara to any other court of competent jurisdiction at Srinagar, Baramulla, Sopore, Ganderbal, Bandipora, Handwara or any other court in Kashmir. 02. Heard and considered. 03. The ground urged by the petitioner for seeking transfer of the complaint is that he is not in a position to engage any counsel as he has been told that there is some relative of the respondent working in the court and as such, no lawyer is ready to take his brief. It has been further contended that when the petitioner along with the his lawyer appeared before the court, the lawyer chose not to appear in view of the continuous harassment to him on part of the complainant which resulted in issuance of non-bailable warrants of arrest against the petitioner/accused. It has been submitted that the respondent is influencing the concerned Judicial Officer and the court staff due to which he is being condemned unheard. 04. Parawise report of the concerned court has been sought which has been received. The learned Presiding Officer in his parawise reply has specifically denied the allegations made in the petition. It has been submitted by the Presiding Officer that the allegations are baseless and that he does not know either of the parties. He has submitted that he has been proceeding in the case as per the law. According to the Presiding Officer, the petitioner has been absenting himself continuously which has prompted the court to issue non-bailable warrants of arrest against him. 05. Section 407 of the Cr.PC vests power upon the High Court to transfer the cases from one criminal court to another criminal court sub-ordinate to it for fair and impartial inquiry or trial or if there is some question of law of unusual difficulty likely to arise in the case or that the order of transfer is required to be passed for general convenience of the parties and witnesses, or if it is expedient for the ends of justice. 06. In the present case, the contention of the petitioner that he is being harassed while appearing before the trial court is not borne out from any material on record. Learned Presiding Officer in his parawise reply has clearly stated that no such occurrence has been brought to his notice. The petitioner has not placed any material to show that he has approached either the Presiding Officer or any police authority in connection with the alleged threats or harassment meted out to him. Thus, the allegations made by the petitioner in this regard have remained unsubstantiated. 07. So far as the convenience of the parties is concerned, the memo of the parties shows that both the petitioner as well as the respondent are residents of District Kupwara and as such, it would not be for the convenience of any of the parties to transfer the case to a place outside District Kupwara. 08. The contention of the petitioner that learned Presiding Officer is getting influenced by his staff members is also without any substance. The petitioner has not even named the member(s) of the concerned staff who according to him is exerting influence upon the Presiding Officer. In any case, merely because some staff member(s) of the concerned court below is known to the one of the parties cannot be a good enough ground to apprehend any bias against the petitioner. 09. For the foregoing reasons, I do not find any merit in the instant petition. The same is, dismissed, accordingly, interim direction dated 27.01.2023 passed by this Court shall stand vacated. 10. Copy of this order be sent to the concerned trial court for information. (Sanjay Dhar) Judge SRINAGAR 30.06.2025 Showkat Khan