Pankaj Tiwari v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 726 of 2023 Applicant :- Pankaj Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranvijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Ranvijay Kumar, learned counsel for the applicant and Shri Karunakar Singh, learned A.G.A for the State are present. The present transfer application has been filed to transfer the Complaint Case No. 1612 of 2023 (Sadhna Mishra Vs. Pankaj Tiwari and another), under Section 138 of N.I. Act, pending in the court of Civil Judge (S.D.)/F.T.C, Ghaziabad, to any other competent court of district judgeship Kanpur Nagar. Learned counsel for the applicant submits that the applicant is accused in the above noted case and opposite party no. 2 is a practicing Advocate in the district court Ghaziabad, and the present applicant is brother in law (Jeth) of the opposite party no.

¶2It is further submitted that matrimonial dispute between opposite party no. 2 and her husband is settled and two cheques pertaining to the name of the applicant is wrongly described and real brother of the applicant has misused the cheque of the applicant. It is further submitted that on 18.09.2023 when the applicant was present in the district court opposite party no. 2 ousted from court with the help of Tejendra Advocate and others and threatened with dire consequences. It is further submitted that on 16.10.2023 the applicant made a complaint to the SSP. In view of the above facts and circumstances, the present transfer application has no merit and it deserves to be dismissed. Accordingly, the present transfer application is dismissed. Order Date :- 17.11.2023 Saurabh High Court of Judicature at Allahabad