NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION(CRL) NO. 319 OF 2008

M/s Harbans Lal and Sons & Anr.                                ………Petitioners

Versus

Ramson Cycles Pvt. Ltd.                                            ………Respondent

O R D E R

This petition under Section 406 of the Code of Criminal Procedure

has been filed by the accused person seeking transfer of the cases filed by

the  complainant  under  Section  138  of  the  Negotiable  Instruments  Act

(`Act’ for short) numbered as 1063 of  2002 and 1064 of 2002 pending

trial in the court of Judicial Magistrate, First Class, at Ludhiana, Punjab.  

1

2) In the Transfer Petition filed, apart from the others, it is stated that

the  petitioner  is  a  resident  of  Delhi;  sufficiently  aged;  suffering  from

severe  nephrology  problems  on  his  both  kidneys  and  requires  dialysis

twice in a week; a case of ischaemic heart disease for the last five years;

operated for severe double vessel coronary artery disease in Ganga Ram

Hospital; operated for coronary angiography +LV Angio + PTCA of LCX

in Saroj Hospital and Heart Institute.  In support of assertion, the petitioner

has  produced  certificates  issued  by  the  competent  authorities  of  the

hospitals  who  have  treated  him  for  his  heart  ailments  and  also  the

certificate of the doctor who is performing dialysis once in two weeks, who

has opined that  the petitioner should not  take long journeys outside the

city.

3) The assertion made by the petitioner is not disputed by the other side

and, in our opinion, cannot also be disputed in the light of the voluminous

medical  certificates  produced  by  the  petitioner  alongwith  the  petition

docket.  

4) After   perusing  the  certificates  issued  by  the  different  hospitals,

where the petitioner had undergone treatment for his  heart  ailments  and

2

also taking into consideration the certificate issued by the doctor who is

performing the dialysis once in two weeks and has also advised him not to

travel a long distance, we are of the opinion that the petitioner has made

out a case for relief claimed in the petition.  

5) Interest of justice demands that the case requires to be transferred.

Therefore,  we  direct  the  Judicial  Magistrate,  First  Class,  at  Ludhiana,

Punjab, to transfer the case to the District Judge, Tis Hazari Courts, Delhi,

within a month from the date of receipt of a copy of this court’s order. The

transferee court may decide the case itself or make over the same to a court

of  competent  jurisdiction  under  it.   The transferor  court  shall  remit  the

records of the case to the transferee court soon on communication of copy

of our order.  We further direct that the transferee court shall  decide the

complaint filed by the complainant as expeditiously as possible at any rate

within an outer limit of six months month from the date of transfer.  

6) The transfer petition is disposed of  accordingly.

                                                                                   …………………………………J.                                                                                      [ TARUN CHATTERJEE ]

3

                                                                                   …………………………………J.                                                                                      [ H.L. DATTU ]

New Delhi, January 27, 2009.

4