Supreme Court - Daily Orders
Sushil Shah vs Netrapal Singh on 20 October, 2021
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
Transfer Petition (Criminal) No. 523/2018
SUSHIL SHAH Petitioner
VERSUS
NETRAPAL SINGH Respondent
WITH
Transfer Petition (Criminal) No. 524/2018
SUSHIL SHAH Petitioner
VERSUS
CHAUDHARY BHUPENDRA SINGH Respondent
AND
Transfer Petition (Criminal) No. 527/2018
SUSHIL SHAH Petitioner
VERSUS
AJAY PAL BISHNOI Respondent
O R D E R
1. These transfer petitions have been filed by the petitioners seeking transfer of complaint case no.1250/9 of 2016 titled as ‘Netrapal Singh vs. Sushil Shah’ from the Court of the learned Additional Chief Judicial Magistrate, Kairana, Muzaffar Nagar, Uttar Pradesh to the Court of the competent jurisdiction at Rishikesh, Dehradun, Uttarakhand; Complaint Case No. 4269 of 2014 titled as ‘Chaudhary Bhupendra Singh vs. Sushil Shah & Anr.’,from the Court of learned Additional CJM-II, Saharanpur, Uttar Pradesh Signature Not Verified Digitally signed by SUNIL KUMAR Date: 2021.10.30 to the Court of the Competent jurisdiction at Rishikesh, Dehradun; 13:22:33 IST Reason: and Case no. Nact/194/2018 titled as ‘Ajay Pal Bishnoi vs. Sushil Shah’ from the Court of learned Sub Divisional Judicial Magistrate, Abohar, Punjab to the Court of competent jurisdiction at Rishikesh, Dehradun.
2. Appearance has been entered by learned counsel for the respondents in TP(Crl) No. 523/2018 and TP(Crl) No. 524/2018. However, none is present on behalf of the respondent in TP(Crl) No. 527/2018.
3. On enquiring from learned counsel for the parties as to the stage of the proceedings in the aforesaid complaint cases, the Court is informed that all the three cases are at an advance stage of recording of evidence. Learned counsel for the respondents in TP(Crl) Nos. 523 and 524 of 2018 state that the petitioner has been regularly appearing before the Court of learned Additional Chief Judicial Magistrate, Kairana, Muzaffar Nagar, Uttar Pradesh either through counsel or personally and that it is too late in the day to seek transfer of the said cases only on the ground of inconvenience, that may be caused to him.
4. In view of the fact that all the three cases filed by the respondents under Section 138 of Negotiable Instruments Act, 1881, are at an advance stage of recording of evidence, there is no good reason to accede to the prayer made in the present petitions, which are accordingly dismissed.
5. Pending application (s), if any, stand disposed of.
.....................J. (HIMA KOHLI) New Delhi October 20, 2021 ITEM NO.9 Court 17 (Video Conferencing) SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No. 523/2018 SUSHIL SHAH Petitioner VERSUS NETRAPAL SINGH Respondent (IA No. 154156/2018 - EXEMPTION FROM FILING O.T. IA No. 154153/2018 - STAY APPLICATION) WITH T.P.(Crl.) No. 524/2018 (XVI-A) IA No. 154209/2018 - EXEMPTION FROM FILING O.T. IA No. 154208/2018 - STAY APPLICATION) T.P.(Crl.) No. 527/2018 (XVI-A) IA No. 154374/2018 - STAY APPLICATION) Date : 20-10-2021 These matters were called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Varun Raghvan, Adv.
Mr. Raj Kishor Choudhary, AOR For Respondent(s) Mr. Parmad Kumar, Adv.
Mr. Jabar Singh, Adv.
Dr. Amardeep Gaur, Adv.
M/S. V. Maheshwari & Co., AOR Mr. Annam Venkatesh, AOR Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer petitions are dismissed in terms of the signed order.
Pending application (s), if any, stand disposed of.
(ARUSHI SUNEJA) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Singed order is placed on the file)