Allowed

Dalari Yedukondalu, v. Mis Shri Ram City Union Finance Vinukonda.

Andhra Pradesh HC19 Mar 2021TRCRLP/38/2020

Case brief

AI extract

What is this about?

This court allowed a transfer criminal petition seeking the transfer of a cheque dishonour case from Guntur to Vinukonda. The petitioner, an accused with 88% physical disability, faced accessibility barriers and harassment risks at the trial court location, necessitating transfer for justice. The transferred court is directed to conclude the trial expeditiously.

What did the court decide?

Transfer of C.C.No.2003 of 2019 from Guntur to Vinukonda; directed to be disposed of expeditiously; pending miscellaneous applications closed.

Dalari Yedukondalu, Vs Mis Shri Ram… — Civil Procedure and Limitation | Andhra Pradesh HC (2021)

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THE HON’BLE SMT JUSTICE LALITHA KANNEGANTI TRANSFER CRIMINAL PETITION No.38 OF 2020

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ORDER:-

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This transfer criminal petition is filed seeking transfer of C.C.No.2003 of 2019 on the file of the Court of the V Additional Judicial Magistrate of First Class-cum-Junior Civil Judge, Guntur to the Court of learned Judicial Magistrate of First Class-cumJunior Civil Judge, Vinukonda, Guntur District.

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The petitioner herein is the accused in C.C.No.2003 of 2019. Respondent No.1 has filed a private complaint against the petitioner for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act, 1881 and the same is numbered as C.C.No.2003 of 2019. It is said that the petitioner is the resident of Vinukonda and the office of the respondent is situated at Vinukonda and instead of presenting the cheque at Vinukonda branch, he deposited the same in a bank situated at Guntur with an intention to harass the petitioner. It is stated that the petitioner is a physically challenged person with 90% disability suffering from Cerebral palsy, due to which the petitioner is unable to move and maintain balance and posture. He is also not in a position to stand, walk or even sit without the assistance due to disruption of muscle co-ordination. He submits that the case underwent 18 adjournments without any progress. It is stated that as the Court which is conducting trial is situated in the first floor of the building and one has to cover 25 steps to reach the said Court. He is facing difficulty and hardship, and each day of adjournment is creating tremendous pressure upon him. He could not travel by bus and he

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has to travel by a car with two persons, thus he is incurring lot of expenditure and he is aged about 62 years and there is every likelihood of his being infected with COVID-19.

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Learned Senior Counsel, Sri Sathya Prasad appearing on behalf of the petitioner submits that along with the petition they have also filed certificate issued by the Medical Board, Government General Hospital, Guntur wherein it is mentioned that the petitioner is suffering with 88% disability. He submits that when he moved Transfer Crl.M.P.No.6 of 2020 before the Court of the Principal Sessions Judge, Guntur, the Court below without taking all the factors into consideration, only on the ground that as the trial has already commenced in C.C.No.2003 of 2019 and the petitioner has been attending the said Court for some adjournments, has dismissed the petition.

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Learned counsel for the respondents submits that the Court below, after taking into consideration all these factors rightly dismissed the petition. He submits that the case cannot be transferred at this stage when the trial has commenced simply because the petitioner is having some difficulty and inconvenience expressed by him.

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The learned counsel for the respondents submits that the Court below also held that the petitioner is at liberty to file necessary application before the concerned Magistrate for condoning his absence whenever his presence is not specifically

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required. In view of the same the transfer criminal petition may be dismissed.

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There is no dispute about the fact that the trial has already commenced in C.C.No.2003 of 2019 and when the trial is commenced, ordinarily Courts would be hesitant to transfer the case from one Court to another Court. The Courts have to exercise the power of transfer with due care, caution and in the interest of justice. If the Court comes to the conclusion, to meet the ends of justice transfer of case is inevitable then transfer has to be effected.

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In this case, there is no dispute that the petitioner is suffering with 88% disability and admittedly, the Court is situated in the first floor of the Court building, which makes it troublesum for the petitioner to attend the Court. Though the Court below observed that on some occasions, he may move an application for condoning his absence the fact remains is whenever his presence is required he has to appear before the Court and he has to go through this physical and mental turmoil.

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Taking into consideration all these aspects, this Court deems it appropriate to allow this petition and further the Court below is directed to dispose of C.C.No.2003 of 2019 as expeditiously as possible.

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Accordingly, this Transfer Criminal Petition is allowed and C.C.No.2003 of 2019 pending on the file of the Court of learned V

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Additional Judicial First Class Magistrate-cum-Junior Civil Judge, Guntur is withdrawn from that Court and transferred to the Court of learned Judicial First Class Magistrate-cum-Junior Civil Judge, Vinukonda, Guntur and the Court to which the case is transferred is directed to dispose of C.C.No.2003 of 2019 as expeditiously as possible.

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As a sequel, all the pending miscellaneous applications shall stand closed.

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__________________________________ JUSTICE LALITHA KANNEGANTI

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Date : 19.03.2021 KA

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THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

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(Allowed)

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Transfer Criminal Petition No.38 of 2020

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Date : 19.03.2021

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Dalari Yedukondalu, v. Mis Shri Ram City Union Finance Vinukonda.

Case brief

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Dalari Yedukondalu, v. Mis Shri Ram City Union Finance Vinukonda.

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