Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 8271 (ALL)

AJAY CHAUDHARY v. STATE OF U.P. AND ANOTHER

TACR/34/2025 · 2025-04-20

Manoj Bajaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:58998 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 34 of 2025 Applicant :- Ajay Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of Bharatiya Nagarik Suraksha Saniha, 2023, seeking transfer the proceedings of Transfer Application Case No.618 of 2024, titled Ajay Vs. Ramesh, arising out of Complaint Case No.3733 of 2016, (Old Number 2011/IX/2016), Ramesh Chand Vs. Ajay Chaudhary, under Sections 138 of Negotiable Instrument Act, 1881, Police Station- Refinery, District Mathura, pending in the court of Additional Court, Mathura to any competent court of jurisdiction. The applicant is an accused in a complaint case under Section 138 Negotiable Instrument Act, 1881, who has prayed for transfer of the complaint case to some other court of competent jurisdiction on the sole ground that the complainant has openly proclaimed that he is likely to succeed in the case. An application by the applicant- accused was moved before the court of Sessions Judge, Mathura seeking transfer of a complaint case on this ground, but the same was dismissed vide order dated 10.12.2024. When the case is called out, no one has appeared to assist the court. A perusal of the affidavit appended with the application, contains an averment that the complainant has proclaimed about likelihood of his winning the case, but the same is not supported with any material. Further, the order dated 10.12.2024 dismissing the transfer application is based on correct appreciation of facts, therefore, no case is made out for transfer of a complaint case. This application is dismissed. Order Date :- 21.4.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad