Neutral Citation No. - 2025:AHC:44958 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 481 of 2024 Applicant :- Vineet Kohli Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- Desh Ratan Chaudhary,G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 of Criminal Procedure Code seeking transfer of Criminal Appeal No.61 of 2024, titled Vagish Bhardwaj vs. Vineet Kohli and Criminal Appeal No.63 of 2024, titled Vineet Kohali vs. Vagish Bhardwaj, pending in the court of Sessions Judge, Baghpat, arising out of Complaint Case No.17138 of 2020, under Section 138 of Negotiable Instruments Act, 1881, Police Station- Baghpat, District- Baghpat from the court of Baghpat to competent court of jurisdiction at adjacent district i.e. Meerut or Ghaziabad. Learned counsel for the applicant-convict has argued that the complaint case bearing No. 17138 of 2020; titled Vagish Bhardwaj vs. Vineet Kohli, under Section 138 Negotiable Instruments Act, 1881 ended in his conviction vide judgment dated 3rd June, 2024, and a sentence of six months simple imprisonment has been imposed upon the applicant, who has also been directed to pay a compensation of Rs. 3,10,000/- to the complainant. Learned counsel has further submitted that the said judgment of conviction and order of sentence dated 3rd June, 2024 are the subject matter of Criminal Appeal No.61 of 2024, which is pending adjudication, and vide order dated 9th July, 2024 while suspending the sentence of the applicant-convict, the Appellate court had directed the convict to deposit 20% of the cheque amount in the bank account of the complainant. Learned counsel submits that the applicant- convict is willing to settle the dispute with the complainant, therefore, the matter be referred to the Mediation and Conciliation Centre of this Court or in the alternative, the case be transferred to some other court of competent jurisdiction i.e. adjacent to district Meerut or Ghaziabad. After hearing the learned counsel and considering his submissions, this Court finds that the two grounds raised by the applicant- convict do not give any cause of action for transfer of the appeal against the judgement of conviction, as concededly, the convict has not moved any application before the appellate court seeking compounding of the offence. Further, the stand of the convict that he is willing to settle the dispute, cannot be raised before this Court, much less as a ground for transfer of the criminal appeal. Similarly, the order dated 9th July, 2024, imposing the condition of 20% amount of compensation is a condition imposed in terms of the statutory provisions, and admittedly the said order was never challenged by the applicant- convict. Thus, it is apparent that the applicant has unnecessarily filed this petition for transfer of the criminal appeal without valid cause of action and has wasted precious time of this Court. Consequently, the application is dismissed with cost of Rs.10,000/- to be deposited with the High Court Legal Services Committee, High Court, Allahabad. Order Date :- 1.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad