JUDGMENT 1. - This is an application for transfer of a case pending in the court of Additional Munsif and Judicial Magistrate, First Class, Hindaun city to some other court. 2. The case of the petitioner is that the petitioner was employed as a clerk in Munsif and Judicial Magistrates court Hindaun. A complaint was fled against him for embezzlement by the Munsif and Judicial Magistrate, Hindaun and lie is facing trial for the offences punishable under Sections 409 and 477-A. I.P.C. in the court of the Additional Munsif and Judicial Magistrate, First Class, Hindaun. The defence of the accused is said to be that the responsibility was that of the Munsif and Judicial Magistrate and the reader of that Court. According to the petitioner, no lawyer practicing at Hindaun is ready and willing to appear on his behalf and on account of the fact that the staff of the court of the Munsif and Judicial Magistrate is involved, the petitioner has a reasonable apprehension that he may not get fair and impartial trial. 3. I have heard learned counsel for the petitioner and the learned Public Prosecutor. As the matter pertains to the alleged embezzlement of money of the court of Munsif and Judicial Magistrate, Hindaun and although the petitioner is charged for the said offices under Section 409 and 477-A I.P.C., his defence is that the then Munsif Magistrate and the Reader of the court are responsible for the alleged embezzlement.Moreover, a lawyer practicing at Hindaun is not available to the petitioner so that he may not be able to effectively cross-examine the witnesses appearing on behalf of the prosecution. Considering that the matter relates to an embezzlement of money of the court of Munsif and Judicial Magistrate, Hindaun, I think it would be just and proper in the circumstances if the case is transferred from Hindaun to some other court. Learned Public Prosecutor has also no objection if the case is transferred to a nearby court. I, therefore, direct that the Criminal Case No. 448 of 1978 State v. Subedar Singh pending in the court of the Additional Munsif and Judicial Magistrate, First Class. Hindaun may be transferred to the court of Munsif and Judicial Magistrate Gangapur City for disposal according to law.Application allowed. *******