Research › Search › Judgment

Punjab High Court · body

2023 DIGILAW 2139 (PNJ)

Sapna Goyal v. Jitender Dutt

2023-07-12

ANUPINDER SINGH GREWAL

body2023
Judgment Mr. Anupinder Singh Grewal, J. The petitioner is seeking transfer of the proceedings in a complaint case No.128/4 dated 11.10.2017 under Section 138 of the Negotiable Instruments Act from Jind to Panipat. 2. Learned counsel for the petitioner submits that the petitioner is a lady with two minor children and she is residing at Panipat. It is difficult for her to travel to Jind. He further submits that the respondent is an Advocate practicing at Jind and the petitioner has engaged a counsel from Panipat who travels to Jind to argue the case. The petitioner is unwell and suffering from ovarian cysts. He has referred to the copies of the medical reports at Annexure P-2. 3. Learned counsel for the respondent, however, submits that the proceedings have been continuing for over 5 years and the case is fixed for defence evidence since 19.02.2020. The petitioner did not express any difficulty in attending the proceedings at Jind earlier and, therefore, this petition has been filed to prolong the trial. 4. Heard. The petitioner is an accused in a case under Section 138 of the Negotiable Instruments Act. It is alleged that the cheque issued by her for a sum of Rs.12 lac on 31.03.2017 were returned unpaid with the remarks “payment stopped by the drawer”. The petitioner is stated to be a Principal of the DAV Centenary Public School in Samalkha, District Panipat. The distance between Jind and Panipat is only 72 kilometres. It is stated in the petition that the petitioner could not engage any counsel from Jind as the complainant himself is an Advocate. At the query of this Court as to whether directions be issued to the Principal Secretary, Legal Services Authority, Jind to provide legal aid counsel to the petitioner, learned counsel for the petitioner submits that she would prefer to be represented by a counsel from Panipat whom she has already engaged. The medical reports, which are relied upon in the petition, are from a private hospital and they do not indicate that the ailment is very serious. 5. Consequently, I do not find any merit in this petition for transfer of the trial which stands dismissed.