12 October 2004
Supreme Court
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URVASHI GOVIND ADVANI Vs STATE OF KARNATAKA

Case number: T.P.(Crl.) No.-000239-000239 / 2004
Diary number: 17407 / 2004


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CASE NO.: Transfer Petition (crl.)  239 of 2004

PETITIONER: Mrs. Urvashi Govind Advani

RESPONDENT: State of Karnataka & Anr.

DATE OF JUDGMENT: 12/10/2004

BENCH: ASHOK BHAN & S.H. KAPADIA

JUDGMENT: J  U  D  G  M  E  N  T

O R D E R

       The petitioner who is a widow and is 80 years of age has filed  this petition for transfer of CC No. 11090/2003 (PCR No. 131 of 2002)  titled Suresh Kumar Sharma v.  Smt. Govind Advani & Anr. under Section  420 r/w Section 34 of IPC pending on the files of IXth Addl. Chief  Metropolitan Magistrate, Bangalore to a court of competent  jurisdiction at Mumbai.

       Respondent-complainant filed the above said complaint of  which notice was taken by the Trail Court alleging therein that the  petitioner had entered into an agreement to sell shop No 4, Ground  Floor, Swastik Chambers Cooperative Housing Society Ltd. for a sum  of Rs. 55 lacs out of which Rs. 15 lacs was paid as advance  [Rs. 5 lacs  through a Demand Draft and Rs. 10 lacs in cash].  It was further  alleged that the petitioner with fraudulent and dishonest intention to  cheat the complainant tried to wriggle out of the agreement.   According to him, the agreement was entered into at Bangalore.  The  payments were made at Bangalore and all the witnesses are residing at  Bangalore.

       In the Transfer Petition, the petitioner has controverted the  allegations made by the respondent and has prayed for transfer of the  case to Bombay keeping in view the fact that she is a widow aged 80  years and suffering from Cancer and it would not be possible for her  to effectively defend herself in the complaint filed by the respondent at  Bangalore.  It would be difficult for her to travel to and fro to  Bangalore from Bombay because of her age and the disease from  which she is suffering.

       Counsel for the parties have been heard at length.         Keeping in view the age of the petitioner and the fact that she is  suffering from Cancer, we deem it appropriate to transfer CC No.  11090/2003 (PCR No. 131 of 2002) from the Court of IXth Addl. Chief  Metropolitan Magistrate, Bangalore to the Court of Principal District  and Sessions Judge at Bombay who may thereafter assign the case to a  court of competent jurisdiction to try the complaint.

       We have refrained from making any comment on merits lest it  may prejudice either of the parties in the fair trial of the case.

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