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CASE NO.: Transfer Petition (crl.)  307-308 of 2007

PETITIONER: BASWANAPPA PATIL

RESPONDENT: SIVAKUMAR PTAIL & ANR

DATE OF JUDGMENT: 15/02/2008

BENCH: S.B. SINHA & V.S. SIRPURKAR

JUDGMENT: JUDGMENT O R D E R

TRANSFER  PETITION (CRIMINAL)   NOS. 307-308  OF 2007

       The petitioner by this application filed under Section 406 of the Code of Criminal  Procedure has sought for transfer of the criminal complaint being ST No. 294/2007,  titled as Shivakumar Patil vs. Baswanappa patil, as also the criminal compliant being  ST No.523/2007, titled as Udayashree Patil vs. Baswanappa patil, both pending before  the Court of Chief Judicial Magistrate, Kollam, Kerala, to the Court of Judicial  Magistrate, First Class, Tandur, Rangareddy District in the Sate of A.P.   

       The relationship between the petitioner and the respondent is that of father and son .   Respondent No.2 is the  wife of Respondent No.1. They have filed the aforementioned  two complaint petitions against the petitioner for commission

                                       -2- of alleged offence under Section 138 of the Negotiable Instruments Act, which as  noticed hereinbefore, are pending in the Court of Court of Chief Judicial Magistrate,  Kollam in the State of Kerala.  From the averments made in the said transfer  application as also the documents annexed thereto it appears that the respondents are  also residents of Tendur in the District of Rangareddy, A.P.          Having regard to the relationship between the parties and keeping in view the  aforementioned fact, we are of the opinion that in the interest of justice the  aforementioned two cases be transferred from the Court of Chief Judicial Magistrate,  Kollam, Kerala to the Court of Judicial Magistrate, First Class, Tandur, Rangareddy  District in the Sate of A.P.         However, the transferee Court, keeping in view the fact that the respondents are  ordinarily residents of Kollam in the State of Kerala, shall accommodate them as far  as possible and, if expedient, shall take up both the matters for hearing on the same  date.           The transfer petitions are allowed accordingly.