TrP (Crl) No.20/2025 Page No. 1 of 5 Item No.97 Suppl List-2 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP(Crl) No.20/2025 CrlM No.978/2025 AIJAZ AHMAD LONE …PETITIONER(S) Through: - Mr. Aijaz A. Bhat, Advocate. Vs. SHABIR AHMAD CHALKOO …RESPONDENT(S) Through: - CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER(0RAL) 18.07.2025 1) The petitioner has moved this application under Section 447 of BNSS seeking transfer of the complaint filed by the respondent against him for offence under Section 138 of Negotiable Instruments Act, which is stated to be pending in the Court of Judicial Magistrate, 1st Class, Uri [“the trial Magistrate”], to any other court of competent jurisdiction. 2) Heard and considered. 3) The ground urged for transfer of the complaint is that the petitioner is facing harassment before the learned trial Magistrate as his bail bonds have been forfeited which has prejudiced his rights. It has been submitted that there is hostile atmosphere in the court arena and he is not able to choose a counsel of his choice. It has been further contended TrP (Crl) No.20/2025 Page No. 2 of 5 that brother of the respondent is a practising lawyer carrying influence over the learned trial Magistrate and the petitioner is not expecting a fair trial before the said Magistrate. 4) It appears that the petitioner is seeking transfer of the complaint filed by the respondent against him to any other court of competent jurisdiction on the ground of his apprehension that he may not get a fair trial. In District Baramulla, there are many courts of Judicial Magistrate 1st Class, as such, it would have been appropriate for the petitioner to approach the Court of Sessions Judge, Baramulla and seek transfer of the complaint from the Court of Judicial Magistrate, 1st Class, Uri, to any other court of JMIC located in District Baramulla. It is pertinent to mention here that a Court of Sessions is vested with power of transfer of criminal cases within its territorial jurisdiction by exercising powers under Section 448 of BNSS. 5) The petitioner, without filing an application before the Sessions Court, has invoked jurisdiction of this Court under Section 447 of BNSS. Proviso to sub-section (2) of Section 447 of BNSS clearly stipulates that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. TrP (Crl) No.20/2025 Page No. 3 of 5 6) In the instant case, because the petitioner has not approached the Sessions Judge, Baramulla, before filing the present petition, as such, the present petition is not maintainable. 7) For the foregoing reasons, the petition is held to be not maintainable and is dismissed as such. However, the petitioner shall be at liberty to approach the Court of learned Principal Sessions Judge, Baramulla, for transfer of the complaint. (Sanjay Dhar) Judge Srinagar, 18.07.2025 “Bhat Altaf” Whether the order is reportable: YES/NO