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Neutral Citation No. - 2025:AHC:116590 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 334 of 2025 Applicant :- Ashwani Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jay Prakash Gupta,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S. seeking transfer of Complaint Case No. 1126 of 2021, titled : Ashwani Kumar Gupta v. Abhay Singh, under Section 138 Negotiable Instruments Act, 1881 and Section 420 I.P.C., Police Station Kotwali Nagar, District Bulandshahr, pending before the Chief Judicial Magistrate, Bulandshahr to any other court of competent jurisdiction of district- Chandauli. None appears for the applicant. Learned A.G.A. for the State is present. Applicant being complainant in a complainant under Section 138 Negotiable Instruments Act, 1881 has prayed for transfer of the case from Bulandshahr to Chandauli as during the pendency of the complaint the applicant being teacher has been transferred to Chandauli. He being a government employee is unable to pursue the complaint case before the Chief Judicial Magistrate, Bulandshahr. Further, it is pleaded that the complaint is pending for the last more than five years and has not been finally decided so far. Considering the nature of the offence/ complaint and the ground raised for transfer, this Court is not inclined to transfer the
complaint on the sole ground of convenience. Further, there is nothing to indicate that the long pendency of the complaint is not attributed to the complainant, therefore, this Court is not inclined to transfer the case. Resultantly, the application fails and is dismissed. Order Date :- 18.7.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad