HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 32 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sunil Kumar, learned counsel for applicant, Sri Noor Mohammad, learned Advocate holding brief of Sri Y.K. Srivastava, learned counsel for opposite party no.2 and Sri Ashutosh Singh, learned AGA for the State. 2. The instant transfer application has been filed by the applicant with a prayer to transfer the trial of Complaint Case No. 54894 of 2023, under Sections 138 N.I. Act, Police Station Ramgarh, District Firozabad pending in the court of Judicial Magistrate, Firozabad to the District Court Agra. 3. Learned counsel for applicant submits, applicant was client of opposite party no.2, who is practicing lawyer at District Court Firozabad and opposite party no.2 filed two complaints against applicant under Section 138 N.I. Act and as opposite party no.2 was practicing lawyer at District Court Firozabad, therefore, on the application moved by the applicant, trial of one case relates to Section 138 N.I. Act has been transferred by this Court from District Court Firozabad to District Court Agra. 4. He further submits, therefore, trial of this case which also relates to Section 138 N.I. Act be transferred to District Court Agra as applicant in both the cases may appear in District Court Agra. 5. He further submits, however, applicant is also resident of District Agra but due to the influence of opposite party no.2 she is unable to do proper pairvi of the case, therefore, instant transfer application may be allowed and trial of complaint case relates to Section 138 N.I. Act be transferred to District Court, Agra. Versus Counsel for Applicant(s) : Prem Sagar Verma, Sunil Kumar Counsel for Opposite Party(s) : G.A., Yogesh Kumar Srivastava Anjuman @ Pappi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Per contra, learned counsel for opposite party no.2 submits, however, two complaint cases under Section 138 N.I. Act have been filed by opposite party no.2 against applicant and trial of one case has been transferred to District Court Agra on the transfer application moved by the applicant vide Transfer Application (Criminal) No. 219 of 2024 but trial of that case is at its last leg, therefore, on this ground it is not proper to transfer the trial of present case in District Court Agra. He however could not dispute the fact that opposite party no.2 is practicing lawyer at District Court Firozabad. He further could not dispute the fact that in spite of repeated opportunity opposite party no.2 did not file any counter affidavit. 7. Learned AGA on the other hand submitted that as opposite party no.2 filed two separate complaint against applicant under Section 138 N.I. Act and trial of one case has been transferred by this Court at District Court Agra, therefore, trial of present case should also be transferred at District Court Agra. 8. I have heard both the parties and perused the record of the case. 9. The instant transfer application has been filed by the applicant to transfer the trial of Complaint Case No. 54894 of 2023 (Fareed Ahamad Khan Vs. Anjuman @ Pappi), under Sections 138 N.I. Act from District Court Firozabad to the District Court Agra. 10. Record suggests that opposite party no.2 and applicant both are resident of District Firozabad and opposite party no.2 is practicing lawyer at District Court Firozabad and he filed two complaint under Section 138 N.I. Act against applicant and on the application moved by applicant trial of one complaint case has been transferred by this Court to District Court Agra vide order dated 30.04.2024 vide Transfer Application (Criminal) No. 219 of 2024. 11. Further, considering the fact that opposite party no.2 is a practicing lawyer at District Court Firozabad, therefore, contention raised by learned counsel for applicant that applicant is facing difficulty in doing proper pairvi of the present case at District Court Firozabad cannot be completely ruled out. 12. Further, even opposite party no.2 till date did not file any counter affidavit. TACR No. 32 of 2025 2 13. Therefore, considering the facts and circumstances of the case discussed above, in my view the proceedings of case pending before District Court Firozabad may be transferred to District Court Agra. 14. Accordingly, instant transfer applications stands allowed. The proceedings of Complaint Case No.54894 of 2023 (Fareed Ahamad Khan Vs. Anjuman @ Pappi) be transferred from the District Court Firozabad to District Court, Agra. October 7, 2025 AK Pandey TACR No. 32 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad