Priyanka @ Pinki v. Chandra Prakash Singhal
Case brief
What is this about?
The High Court of Rajasthan transferred an interim order regarding a cheque dishonour case from the C.J.M., Abu Road, to the Chief Metropolitan Magistrate, Ajmer. The bench allowed the petitioner's challenge seeking the quashing of the transfer but indicated that the procedural validity remains with the lower court unless specific violations are shown.
What the court decided
[2023:RJ-JD:25128]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Transfer Appl. No. 102/2020
Priyanka @ Pinki D/o Late Sh. Ramesh Chandra Agarwal W/o Shri Chandra Prakash Singhal, Aged About 38 Years, R/o 357-D , Riico Colony , Abu Road , Distt. Sirohi (Raj.)
----Petitioner
Versus
Chandra Prakash Singhal S/o Shri Babulal Singhal, B/c Agarwal , R/o Rishabh Colony , Beawar , Distt. Ajmer (Rajasthan)
----Respondent
| For Petitioner(s) | : Mr. SL Manda, |
|---|---|
| Mr. Ramniwas | |
| For Respondent(s) | : Mr. Tushar Mohd. |
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order
08/08/2023
Issues for consideration
2 issues framed by the court
Whether the interim order passed by the Chief Judicial Magistrate in the cheque bouncing case under Section 138 of the NI Act can be transferred to another Commissioner.
Whether the principles of natural justice provide avenues for challenging the transfer order.
Parties & counsel
- petitioner
Priyanka @ Pinki D/o Late Sh. Ramesh Chandra Agarwal W/o Shri Chandra Prakash Singhal
- respondent
Chandra Prakash Singhal S/o Shri Babulal Singhal
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CTA/102/2020
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