Narendra Singh v. Mahendra @ Mahendra

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 519 of 2023 Applicant :- Narendra Singh Opposite Party :- Mahendra @ Mahendra Counsel for Applicant :- Vinod Kumar,Kapil Kumar Soni Hon'ble Sanjay Kumar Pachori,J. Shri Kapil Kumar Soni, learned counsel for the applicant and Shri Ramesh Kumar Singh, learned A.G.A. for the State are present. Despite service of notice upon opposite party No. 2, none appears on his behalf. Present Transfer Application has been filed to transfer the Complaint Case No. 2147 of 2021 (Mahendra & Mahendra Financial Ltd. Vs. Narendra Singh) under Section 138 of Negotiable Instruments Act, Police Station Civil Lines, District Prayagraj, pending in the court of Judicial Magistrate, Court No. 4, Allahabad to any other competent court of District Judgeship Jhansi. Learned counsel for the applicant submits that the applicant is accused in the above noted case. It is further submitted that the applicant has taken a commercial loan for purchase of tractor for a sum of Rs. 5,00,000/-, which was repaid by ten equal installments of Rs. 88,000/- in Mauranipur, District Jhansi. It is further submitted that the present case has been filed in District Judgeship Allahabad to harass the applicant. The loan was sanctioned before the office of Gupta Tractors Agencies, Tahsil Mauranipur, District Jhansi. In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed. The instant transfer application is allowed and the Complaint Case No. 2147 of 2021 (Mahendra & Mahendra Financial Ltd. Vs. Narendra Singh) under Section 138 of Negotiable Instruments Act, Police Station Civil Lines, District Prayagraj, pending in the court of Judicial Magistrate, Court No. 4, Allahabad is transferred to the competent court of District Judgeship, Jhansi. Let a certified copy of this order be sent to Sessions Judge, Allahabad and Sessions Judge, Jhansi for necessary compliance and action. Order Date :- 3.11.2023 T. Sinha High Court of Judicature at Allahabad