Allowed

Swati Sharma v. Bheemraj Jakhad

Rajasthan HC4 Aug 2022CRLTP/1/2022

Case brief

AI extract

What is this about?

Petitioner sought transfer of trial under Section 407 Cr.P.C. alleging harassment and jurisdictional manipulation. High Court found clean bona fides dubious due to deliberate encashment at Rawatsar and granted protection order elsewhere. Application transferred to Jaipur Metropolitan.

What did the court decide?

Criminal Complaint No. 162/2018 transferred from Rawatsar to District & Sessions Judge, Jaipur Metro.

Swati Sharma Vs Bheemraj Jakhad — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Crl.misc.trnfr.pet. No. 1/2022

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Swati Sharma D/o Sh. Sohan Lal Sharma, Aged About 31 Years, 402, Okay Plus Anand, Vivekanand Marg, C-Scheme, Jaipur (Raj.).

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----Petitioner

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Versus

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Bheemraj Jakhad S/o Jailal Jhakad, Aged About 37 Years, Nyolkhi, Teh. Rawatsar, Dist. Hanumangarh (Raj.). At Present R/ o Plot No. 90, Tagore Nagar, Jaipur (Raj.).

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----Respondent

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For Petitioner(s)	: Mr. Girish Khandelwal
For Respondent(s)	: Mr. KR Saharan

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/08/2022

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By way of filing this criminal misc. transfer petition under Section 407 Cr. P.C., the petitioner is seeking transfer of Criminal Complaint No.162/2018 titled as “Bheemraj Jakhad Vs. Swati Sharma” pending before learned Judicial Magistrate, Rawatsar, District Hanumangarh to competent court at Jaipur Metropolitan having jurisdiction to decide NI Act Cases.

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Counsel for the petitioner submits that the petitioner is a lady and is a permanent resident of Jaipur. She has been falsely roped in complaint filed under Section 138 of Negotiable Instruments Act. The complainant/respondent is an anti-social element, who is continuously harassing and blackmailing petitioner and her family members and because of that she had to lodge a complaint at Police Station, Ashok Nagar, Jaipur, upon

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(2 of 4) [CRLTP-1/2022]

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which, a complaint no.208 was registered by the police wherein the complainant was called and bound down for six months to maintain peace and harmony.

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Counsel for the petitioner further submitted that the petitioner had to travel 350 Kms one time to attend court proceedings at Rawatsar and there is always a threat perception while travelling to and fro.

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Counsel for the petitioner submits that apart from threat perception one important fact is that the complainant himself is residing at Jaipur for past ten years and despite having his bank account at Jaipur, he has deliberately put-in the cheque for encashment to his account at Rawatsar, District Hanumangarh where he is ordinarily not residing and hardly visits occasionally.

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Counsel for the petitioner further submits that the due to business rivalry the complainant is regularly threatening the petitioner and his family members, thus, for securing protection her brother had to approach Honble High Court Bench at Jaipur by way of filing S.B. Criminal Misc. Petition No.3901/2020 (Prateek Sharma Vs. State of Rajasthan & Ors.), wherein this Honble Court having its Bench at Jaipur was kind enough to grant protection to real brother of petitioner-herein vide its order dated 02.02.2021.

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Counsel for the petitioner submits that it is a fit case where the Court may exercise powers under Section 407 Cr. P.C., in the interest of safety of petitioner as well as for giving her an opportunity of fair trial.

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Counsel for the respondent vehemently opposed the preposition while stating that the jurisdiction issue is well settled

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(3 of 4)

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[CRLTP-1/2022]

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as the NI Act itself provides for a specific jurisdiction and since the cheque was put in Rawatsar Branch of his bank, therefore, the court at Rawatsar alone has the only jurisdiction to try offence under Section 138 of NI Act.

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After hearing counsel for the parties at length, this Court is has its observations as follows :-

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(1) both the parties are residing at Jaipur, though, the respondent may be having his origin at Rawatsar.

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(2) the respondent is having his account at Jaipur.

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(3) the respondent could have very well put the cheque for encashment in his bank account at Jaipur but deliberately in order to harass the petitioner has filed criminal complaint at Rawatsar, thus, his bonafides are not clean.

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(4) there is a complaint at Police Station, Ashok Nagar, Jaipur and protection order passed by Jaipur Bench of this Court in favour of real brother of petitioner, which is on record.

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Thus, taking into consideration the overall undisputed facts, this Court deems it a fit case to exercise its powers under Section 407 Cr. P.C.

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Accordingly, the present transfer application is allowed. The Criminal Complaint No.162/2018 titled as “Bheemraj Jakhad Vs. Swati Sharma” pending before the court of learned Judicial Magistrate, Rawatsar, District Hanumangarh, with requisite record is ordered to be transferred to District & Sessions Judge, Jaipur

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(4 of 4)

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[CRLTP-1/2022]

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Metropolitan for being assigned to appropriate NI Act court at Jaipur, forthwith.

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Stay application stands disposed of accordingly.

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The petitioner shall appear before the District & Sessions

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Judge, Jaipur Metropolitan on 06.09.2022.

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Further, the respondent shall also appear. This process will enable the proceedings to continue smoothly without requiring fresh service upon the parties and the trial shall be continued at the same stage where it was continuing earlier.

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The aforesaid order shall in no way prejudice either of the parties on merits of the case.

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(DR.PUSHPENDRA SINGH BHATI), J.

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97-Sanjay/-

Swati Sharma v. Bheemraj Jakhad

Case brief

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Swati Sharma v. Bheemraj Jakhad

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