Allowed

Narendra Singh v. Mahendra @ Mahendra

Allahabad HC3 Nov 2023TACR/519/2023

Case brief

AI extract

What is this about?

In a transfer application under Criminal No. 519 of 2023, the Allahabad High Court allowed the shift of a Section 138 complaint filed in Allahabad to Jhansi, citing the loan's origin and repayment location in Jhansi to prevent harassment.

What did the court decide?

Complaint Case No. 2147 of 2021 under Section 138 of the Negotiable Instruments Act transferred from Allahabad to District Judgeship, Jhansi.

Narendra Singh Vs Mahendra @ Mahendra — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:211782

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 519 of 2023

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Applicant :- Narendra Singh Opposite Party :- Mahendra @ Mahendra Counsel for Applicant :- Vinod Kumar,Kapil Kumar Soni

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Hon'ble Sanjay Kumar Pachori,J.

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Shri Kapil Kumar Soni, learned counsel for the applicant and Shri Ramesh Kumar Singh, learned A.G.A. for the State are present. Despite service of notice upon opposite party No. 2, none appears on his behalf.

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Present Transfer Application has been filed to transfer the Complaint Case No. 2147 of 2021 (Mahendra & Mahendra Financial Ltd. Vs. Narendra Singh) under Section 138 of Negotiable Instruments Act, Police Station Civil Lines, District Prayagraj, pending in the court of Judicial Magistrate, Court No. 4, Allahabad to any other competent court of District Judgeship Jhansi.

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Learned counsel for the applicant submits that the applicant is accused in the above noted case. It is further submitted that the applicant has taken a commercial loan for purchase of tractor for a sum of Rs. 5,00,000/-, which was repaid by ten equal installments of Rs. 88,000/- in Mauranipur, District Jhansi. It is further submitted that the present case has been filed in District Judgeship Allahabad to harass the applicant. The loan was sanctioned before the office of Gupta Tractors Agencies, Tahsil Mauranipur, District Jhansi.

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In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed.

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The instant transfer application is allowed and the Complaint Case No. 2147 of 2021 (Mahendra & Mahendra Financial Ltd. Vs. Narendra Singh) under Section 138 of Negotiable Instruments Act, Police Station Civil Lines, District Prayagraj, pending in the court of Judicial Magistrate, Court No. 4, Allahabad is transferred to the competent court of District Judgeship, Jhansi.

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Let a certified copy of this order be sent to Sessions Judge, Allahabad and Sessions Judge, Jhansi for necessary compliance and action.

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Order Date :- 3.11.2023 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Narendra Singh v. Mahendra @ Mahendra

Case brief

What is this about?

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Narendra Singh v. Mahendra @ Mahendra

Case brief

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What did the court decide?

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