It is submitted by the learned counsel for the applicants that applicant no. 1 is a heart patient and his bypass surgery has been done and treatment is going. Copy of the same has been annexed as Annexure-1A to the affidavit filed in support of the transfer application. It is further submitted that opposite party no. 2 filed a Complaint Case No. 190 of 2014, under Section 138 of Negotiable Instruments Act, Police Station Galshaheed, District Moradabad in the court of Additional Chief Judicial Magistrate, Court No. 3, Moradabad against the applicants on 8.11.2010 stating therein that applicants had taken money and for the said purpose applicant no. 1 issued a cheque No. 775347 dated 15.4.2010 of Rs. 1,13000/- dated 15.4.2010 in favour of opposite party no. 2. The applicant no. 2 also issued a cheque No. 795469 amounting to Rs. 2,31,034/- to opposite party no.2, but the aforesaid cheques issued by the applicants have been returned by the ICICI, Bank Moradabad with the remark of stop payment. It is further submitted that the aforesaid case is still pending before the court concerned. Therefore, the aforesaid case may be transferred from the district Moradabad to any other district.
