Single-line order dismissing a transfer application under Section 138 NI Act on the ground that the applicant's status as a sick complainant does not justify transfer.
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Neutral Citation No. - 2023:AHC:192699
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 591 of 2023
Applicant :- Bal Krishna Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Umesh Chandra Verma, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Complaint Case No. 6072 of 2022, under Section 138 of Negotiable Instruments Act, pending in the court of Civil Judge (Junior Division) IVth, Varanasi to any other court of adjoining district Chandauli.
Learned counsel for the applicant submits that the applicant is a complainant in the above-noted case. The present case is pending for evidence. The opposite party no. 2 filed an application before the court concerned with an objection of jurisdiction of the court. The applicant is an old and sick person.
In view of the above facts and circumstances of the case, the present transfer application has no merit and deserves to be dismissed.
The present transfer application is dismissed accordingly.
Order Date :- 6.10.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Bal Krishna Sharma
State of U.P.
Sanjay Kumar Pachori
Ishan Jaishwal
As recorded by the court registry
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