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UKHC010108662026
2026:UHC:6976 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C447/25/2026
Rohit Singh Yadav
-- Applicant Versus Purnima Sharma
-- Respondent.
Hon’ble Siddhartha Sah, J.
Ms. Abhilasha Tomar, learned counsel for the applicant.
2. Mr. Bhuwan Bhatt, learned counsel for the respondent.
3. By means of the present Transfer Application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant has sought the following reliefs :
“It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present transfer application and to transfer the proceedings of Misc. Criminal Case No. 2932 / 2024 (Smt. Purnima Sharma Vs. Rohit Singh Yadav) under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of learned Additional Chief Judicial Magistrate, Special Court NI Act, Kashipur, Udham Singh Nagar to the Court of Additional Chief Judicial Magistrate, Nainital, District Nainital or to any other Court which may deem fit, otherwise the applicant shall suffer irreparable loss and injury, and/or to pass any such other order which this Hon'ble Court may deem fit and proper otherwise the applicant will suffer irreparable loss and injury, and / or to pass any such other order which this Hon’ble Court may deem fit and proper otherwise the applicant will suffer irreparable loss and injury.”
4. Mr. Bhuwan Bhatt, Advocate, appears on behalf of the respondent and he is permitted to place his Vakalatnama on record.
5.
Learned counsel for the respondent submitted that he is agreeable to the transfer of the aforesaid case
UKHC010108662026
2026:UHC:6976 either to a competent court at Ramnagar or the competent court of jurisdiction in Haldwani.
6. In such view of the matter, since in the transfer application, the applicant has expressed the anxiety that since the respondent is wife of a practicing advocate enrolled with the Kashipur Bar Association and there are chances of influencing the proceedings, hence, the proceedings of Misc. Criminal Case No. 2932 of 2024, Smt. Purnima Sharma Vs. Rohit Singh Yadav under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of learned Additional Chief Judicial Magistrate, Special Court NI Act, Kashipur, Udham Singh Nagar are transferred to the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, having jurisdiction over N.I. Act cases.
7. Accordingly, the transfer application is allowed.
(Siddhartha Sah, J.)
06.08.2026 Shiv/