JUDGMENT 1. - By the instant criminal misc. transfer petition u/s. 407 Cr.P.C., the petitioner seeks transfer of criminal case No. 411/2003, Jakhad Brothers v. Har Chand Verma , pending in the Court of Judicial Magistrate, Gharsana to a Court of Judicial Magistrate, Sri Ganganagar. 2. I have heard learned counsel for the parties. Perused the order of the learned Sessions Judge, Sri Ganganagar passed on an application filed by the petitioner seeking transfer of the case. 3. Facts giving rise for decision of the instant criminal transfer petition are that respondent No. 2 filed a complaint u/s. 138 of the Negotiable Instruments Act, 1881 (for short `the Act' hereinafter) before the Court of Judicial Magistrate, Gharsana against the petitioner, which is pending trial being criminal case No. 411/2003, on the ground that a cheque dated 20.5.2003 for a sum Rs. 3,27,000/- on Punjab National Bank, Meera Chowk, Sri Ganganagar was. issued by the present petitioner in favour of respondent No. 2, which on presentation to the Bank, was dishonoured for want of sufficient fund in the bank account of the petitioner. The notice demanding the payment of cheque amount, as envisaged u/s. 138 of the Act, was served on the petitioner but despite service of notice, the petitioner failed to make payment within the stipulated period of notice and, therefore, the complaint was filed against the petitioner. The petitioner has also filed a criminal case against respondent No. 2, inter alia, alleging therein that the cheque in question duly signed was lost on 11.12.2002. Though, except the signature, the alleged lost cheque was completely blank. The concerned Bank was intimated by the petitioner reading loss of the cheque promptly on 7.1.2003. The Bank recorded the information of loss of cheque in its record. Despite the information recorded by the Bank regarding loss of cheque, the cheque in question was presented to the bank by respondent No. 2 on 30.5.2003, almost more than four months and same was retuned unpaid. The cheque bears the date 20.5.2003, whereas it was reported to have lost on., 11.12.2002 and the concerned bank was informed regarding loss of the cheque' on 7.1.2003 i.e. almost more than four months prior to the date mentioned on the cheque. The case registered by the present petitioner for the loss of the cheque is pending before the Court of Judicial Magistrate, Sri Ganganagar. The case registered by the present petitioner for the loss of the cheque is pending before the Court of Judicial Magistrate, Sri Ganganagar. The Court at Sri Ganganagar took the cognizance of offence against respondent No. 2. The respondent No. 2 is facing trial in criminal case No. 210/2004 for the offences u/ss. 467, 468 & 471 IPC. 4. Learned counsel for the petitioner submits that since both the cases, viz. criminal case No. 411/2003 lodged by respondent No. 2 and the criminal case No. 210/2004, relate and arising out of one and same cheque between the parties and, therefore, the case may be transferred from the Court of Judicial Magistrate, Gharsana to Sri Ganganagar. During the course of arguments, learned counsel for the petitioner submits that if the transfer of the case against him from Gharsana to Sri Ganganagar is opposed, then the case instituted by the petitioner at Sri Ganganagar be transferred to the Court at Gharsana. 5. Learned counsel appearing for respondent No. 2 opposed the transfer of the case and contended that the case instituted against respondent No. 2 by the petitioner for loss of cheque is on a different footing and the case instituted by respondent No. 2 against the petitioner regarding dishonour of cheque for want of sufficient fund is on different footing and, therefore, he opposed the transfer of the case. 6. I have given my thoughtful consideration to the rival contentions raised by the learned counsel for the parties. 7. Section 407 Cr.P.C. empowers this Court to transfer cases and appeals. It is not the case of either party that a fair and impartial inquiry or trial cannot be had in any criminal Court subordinate to this Court. However, some question of law of unusual difficulty has been argued by counsel for the petitioner that in both the cases, the cheque in question is one and same and, therefore, for general convenience of both the parties, it would be expedient for the. ends of justice that both the cases be tried together by one and same Court. It is not in dispute that in both the criminal cases noticed above, the controversy regarding the cheque No. SFF 390002 dated 20.5.2003 for a sum of Rs. 3,27,200/- drawn on Punjab National Bank, Meera Chowk, Sri Ganganagar is involved. ends of justice that both the cases be tried together by one and same Court. It is not in dispute that in both the criminal cases noticed above, the controversy regarding the cheque No. SFF 390002 dated 20.5.2003 for a sum of Rs. 3,27,200/- drawn on Punjab National Bank, Meera Chowk, Sri Ganganagar is involved. The petitioner alleges that the said cheque was blank except bearing his signature and while he was carrying the said cheque on 11.12.2002, it lost somewhere in Sri Ganganagar. The petitioner promptly reported the factum of loss of cheque to his banker i.e. Punjab National Bank, Meera Chowk, Sri Ganganagar and the concerned Bank on 7.1.2003 received the intimation of loss of cheque and recorded in its record. However, subsequently, on 30.5.2003, the said cheque was presented for encasement showing its date of issuance i.e. 20.5.2003, which subsequently remained unpaid. Thus, in both the cases, the co-issue is the cheque No. SFF 390002 drawn on Punjab National Bank, Meera Chowk, Sri Ganganagar. 8. Having regard to the peculiar facts and circumstances of the case and in order to avoid inconvenience to the respondent No. 2, I consider it just and proper to transfer the case instituted by the present petitioner against respondent No. 2 at Gharsana where the case instituted by respondent No. 2 against the petitioner is pending trial. In the circumstances, therefore, the criminal case No. 210/2004 pending in the Court of Judicial Magistrate, Sri Ganganagar is directed to be transferred to the Court of Judicial Magistrate, Gharsana, Distt. Sri Ganganagar and the Judicial Magistrate, Gharsana is directed to try the criminal case so transferred to it along with criminal case No. 411/2003 instituted by respondent No. 2 and decide both the cases simultaneously. 9. The petition is disposed of accordingly.Petition disposed of. *******