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Karnataka High Court · body

2017 DIGILAW 1512 (KAR)

G. v. Savithri VS M. Halappa

2017-11-13

K.N.PHANEENDRA

body2017
JUDGMENT : 1. Heard the matter on merits with the consent of both the counsel. Perused the records. 2. The petition is filed seeking transfer of the case in C.C.No.105/2016 pending on the file of the learned Senior Civil Judge and JMFC, Arsikere, Hassan District to the 19th Additional Chief Metropolitan Magistrate, Bengaluru City or to any other Court in Bengaluru. 3. The private complaint was filed under Section 138 of N.I. Act by the respondent herein against the petitioner. The petitioner being a lady claims that she has been residing at Bengaluru and in fact, according to her, respondent is also residing at Bengaluru. In the earlier complaint in C.C.No.33024/2014, the address of the respondent was given as resident of Bengaluru, but now for the purpose of filing this petition, the respondent has given his address as if he is residing at Arsikere. The private complaint is filed under Section 138 of N.I. Act, the same has been registered, cognizance is taken, summon has been issued and the matter is now set down for cross-examination of PW.1. At this stage, the present petition is filed. 4. Looking to the factual circumstances of the case, learned counsel for the respondent strenuously contends that though in the earlier complaint, the address of the respondent was given that, he is a resident of Bengaluru but now he has shifted to Arsikere and for the purpose of attending his clinic he often visits Bengaluru and attends the said clinic, otherwise he has become the permanent resident of Arsikere. To show the said facts, no materials have been produced before this Court. The earlier complaint clearly goes to show that the respondent was the permanent resident of 8th Cross, DVO Heights Layout, Begur, Bengaluru. Apart from the above, petitioner's counsel has also produced certain documents which show that, the petitioner is suffering from diabetes and she requires regular treatment and she has been treated at S.M. Diabetes and Diagnostic Center, Bengaluru. 5. The earlier complaint clearly goes to show that the respondent was the permanent resident of 8th Cross, DVO Heights Layout, Begur, Bengaluru. Apart from the above, petitioner's counsel has also produced certain documents which show that, the petitioner is suffering from diabetes and she requires regular treatment and she has been treated at S.M. Diabetes and Diagnostic Center, Bengaluru. 5. Looking to the above said facts and circumstances, when sufficient materials are not shown that, the respondent is a permanent resident of Arsikere and completely shifted to that place and in earlier complaint he has shown that he is the permanent resident of Bengaluru, looking to the ailment of the petitioner and further that respondent often visits Bengaluru to attend his clinic, therefore if the case as prayed by the petitioner is transferred from Arsikere to Bengaluru, no hardship or inconvenience would be caused to the respondent. 6. In the above said circumstances, petitioner has made out a case to transfer the case from Arsikere to Bengaluru. However, it is made clear that the petitioner shall not drag on the proceedings in any manner. As learned counsel for the respondent submits that case is set down for cross-examination of the complainant in this case, it is just and necessary to direct both the parties to appear before the 19th Additional Chief Metropolitan Magistrate, Bengaluru City, along with the copy of this order on a particular date and the said Court shall fix up a date for cross-examination of PW.1 and expeditiously dispose of the case. 7. In view of the above said facts and circumstances, I proceed to pass the following: ORDER (a) The petition is allowed on cost of Rs.1,000/-. (b) Consequently, the case in C.C.No.105/2016 which is pending on the file of the Senior Judge & JMFC at Arsikere, Hassan District is transferred to the 19th Additional Chief Metropolitan Magistrate, registered at Bengaluru City, and the learned Senior Judge & JMFC at Arsikere, Hassan District is directed to forthwith transmit the entire records in the above said case to 19th ACMM, Bengaluru. (c) The 19th ACMM, Bengaluru is hereby directed to proceed with the case from the stage where it was left in accordance with law and dispose of the case as expeditiously as possible. (d) The petitioner and respondent are hereby directed to appear before the 19th Additional Chief Metropolitan Magistrate, Bengaluru City on 08.12.2017. (c) The 19th ACMM, Bengaluru is hereby directed to proceed with the case from the stage where it was left in accordance with law and dispose of the case as expeditiously as possible. (d) The petitioner and respondent are hereby directed to appear before the 19th Additional Chief Metropolitan Magistrate, Bengaluru City on 08.12.2017. (e) The cost of Rs.1,000/- is directed to be deposited before the trial Court and the same is to be paid to the complainant herein.