Gutha Ravindra Naidu A Ravindraiah Gutha v. R. Purushotham Reddy
2020-10-14
M.GANGA RAO
body2020
DigiLaw.ai
JUDGMENT M.Ganga Rao, J. - This transfer criminal petition is filed under Section 407 Cr.P.C. seeking to withdraw C.C.No.399 of 2010 from the file of Judicial First Class Magistrate, Pulivendula, YSR Kadapa District and transfer the same to the file of the Judicial First Class Magistrate, Sullurpet, SPSR Nellore District. 2. The case of the petitioner/accused is that he has no acquaintance with the 1st respondent and has not issued any cheque for discharge of any debt. On complaint made by the 1st respondent, a case in C.C.No.399 of 2019 was registered against the petitioner/accused under Section 138 of the Negotiable Instruments Act, 1881 by the Judicial First Class Magistrate, Pulivendula, YSR Kadapa District. When the petitioner appeared before the Court on 06.09.2019, the case was adjourned to 24.10.2019. After case was adjourned, the 1st respondent/complainant threatened the petitioner/ accused to pay the cheque amount of Rs.15,00,000/-, otherwise he would see his end. The apprehension of the petitioner is that if he attends the court for trial, the 1st respondent with the help of anti-social elements would threaten him to extract the cheque amount. If he attends the Court on the next date of hearing without paying the cheque amount, his life would be in danger as he is a chronic diabetic and heart patient. Due to ill-health, he could not travel all the way from Doravari Sathram to Pulivendula apart from life threat. 3. Sri G.Ramesh Babu, learned counsel for the petitioner submits that the petitioner/accused was threatened and has fear about his life to attend the Court, and thereby the petitioner will be denied fair opportunity to defend his case before the trial Court. 4. Per contra, Sri V.Nitesh, learned counsel for the 1st respondent, states that mere apprehension of threat to the petitioner's life without any legal evidence, is not a sufficient ground to transfer the case from the jurisdictional court. 5. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel, and on perusal of the record, this Court felt it appropriate to dispose of the petition. If the petitioner/accused was threatened and has fear about his life, he ought to have reported the same to the trial Court. The trial Court in its turn, after considering the needs of the situation would have passed orders accordingly including appropriate direction for police protection. 6.
If the petitioner/accused was threatened and has fear about his life, he ought to have reported the same to the trial Court. The trial Court in its turn, after considering the needs of the situation would have passed orders accordingly including appropriate direction for police protection. 6. Accordingly, the Transfer Criminal Petition is disposed of, giving liberty to the petitioner to inform his grievance to the Magistrate and get appropriate protection from police. 7. Miscellaneous Petitions, if any, pending in this petition shall stand closed.