Ram Chandar Gautam v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 173 of 2023 Applicant :- Ram Chandar Gautam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Narain Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Jai Narain Mishra, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State are present. Despite service of notice none has appeared for the opposite party no.2. The present transfer application has been filed to transfer the Complaint Case No. 1292 of 2020 (Jai Prakash Yadav vs. Ram Chandar Gautam), under Section 138 N.I. Act, pending in the court of A.C.J.M., Court No.17, Allahabad to any competent court of Jaunpur Judgeship. Learned counsel for the applicant submits that the applicant is accused in the above noted case and the applicant is physically incapable to attend the court. It is further submitted that applicant and opposite party no.2 are residing in District Jaunpur. It is further submitted that as per complaint, which is Annexure-2 to the present transfer application, opposite party no.2 filed complaint as resident of District Jaunpur. In view of the above facts and circumstances of the case, this transfer application is liable to be allowed. Accordingly, this transfer application is allowed. The Complaint Case No. 1292 of 2020 (Jai Prakash Yadav vs. Ram Chandar Gautam), under Section 138 N.I. Act, pending in the court of A.C.J.M., Court No.17, Allahabad is transferred to Jaunpur Judgeship. Let a certified copy of this order be sent to the Sessions Judge, Allahabad and Jaunpur for compliance. Order Date :- 28.10.2023 MAA/- High Court of Judicature at Allahabad