Neutral Citation No. - 2025:AHC:59790 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 44 of 2025 Applicant :- Kumari Nivedita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayub Khan,Sanjay Agarwal Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. 1. Applicant has filed this application under Section 447 of Bharatiya Nagarik Suraksha Saniha, 2023, seeking transfer of Case No.543 of 2021, titled Manish Srivastava Vs. Kumari Nivedita, under Sections 138 Negotiable Instrument Act, 1881, Police Station- Churkhi, District Jalaun, pending in the court of learned Civil Judge (Junior Division)/ Judicial Magistrate Kalpi, District Jalaun to the competent court of jurisdiction at district- Agra. 2. Learned counsel submits that the opposite party no.2 has filed a complaint case against the applicant under Section 138 Negotiable Instrument Act, 1881 and the same is pending at Distirct Jalaun, which is at a distance of more than 100 kms from the place of residence of the applicant at Agra. According to him, the applicant is residing with her old father, therefore, it is difficult for her to appear before the trial court at Jalaun. 3. Learned counsel submits that subsequent to the filing of the complaint, another case bearing No.725 of 2022, under Section 406, 420 and 376 IPC against the opposite party no.2 for alleged commission of rape was filed by the applicant, which is also pending at Agra, therefore, he prays that the complaint case be also transferred to Agra. 4. During the course of hearing, it is not disputed by the learned counsel that in the complaint case, the applicant is not appearing and the trial court is issuing arrest warrants to secure her presence. That apart, the complaint case is of the year 2021, and it is not making any headway only because of the absence of the applicant. Resultantly, no ground is made out to transfer the case. 5. The 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