In this transfer application, the applicant sought to transfer a cheque dishonour case pending in Gorakhpur due to alleged threats by an opposite party preventing appearance. The High Court, after hearing counsel, rejected these submissions and dismissed the application.
Transfer application dismissed.
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Neutral Citation No. - 2023:AHC:145398
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 200 of 2023
Applicant :- Akarsh Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Shri Ashok Kumar Pandey, learned counsel for the applicant and learned A.G.A. for the State are present.
Present Transfer Application has been filed to transfer the case No. 2619 of 2019, under Section 138 of Negotiable Instruments Act, pending in the court of Civil Judge (Senior Division), Fast Track Court, Gorakhpur to the other adjoining District.
Learned counsel for the applicant submits that the applicant has visited several times to the court to engage his counsel to contest his case, but he was threatened by the opposite party No. 2 at many point of time, restraining the applicant to appear before the Court or to submit his response for his innocence.
In view of the above facts and circumstances, the instant application has no merit and deserves to be dismissed.
The instant application is dismissed accordingly.
Order Date :- 20.7.2023 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether a transfer application filed on grounds of alleged intimidation by an opposite party deserves to be allowed.
Whether the instant transfer application has any merit.
Whether the applicant was threatened by the opposite party No. 2.
1 provisions across 1 enactments
Akarsh Shukla
State of U.P.
Another
Sanjay Kumar Pachori
Tripti Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
