Allowed

Smt. Brij Kaur v. State of Rajasthan

Rajasthan HC9 May 2024CRLTP/2/2023

Case brief

AI extract

What is this about?

This transfer petition was filed by an ailing 65-year-old woman residing in Jodhpur seeking transfer of cheque bounce proceedings from Nathdwara to Jodhpur. The court allowed the petition, directing the former to send records to the Sessions Judge in Jodhpur for further processing.

What did the court decide?

Transfer of criminal proceedings under Section 138 NI Act from Nathdwara to Jodhpur and direction to send records to District and Sessions Judge, Jodhpur Metro.

Smt. Brij Kaur Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JD:20818]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Crl.misc.trnfr.pet. No. 2/2023

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Smt. Brij Kaur W/o Shri Shankar Lal, Aged About 65 Years, B/c Chandak, R/o Mathura Niwas, Chandak Building, Inside Swanchi Gate, Jodhpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Shri Jitendra Somani S/o Late Shri Narayan Lal Ji Somani, R/o Lalbag Nathdwara, Behind Krishan Motors, Tehsil Nathdwara, District Rajsamand (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Kaushal Sharma For Respondent(s) : Mr. Shrawan Bishnoi, PP Mr. Chirag Balani

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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09/05/2024

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The present transfer petition has been filed by the petitioner with the prayer that the Criminal Case No.516/2018 pending before the learned Senior Civil Judge & Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand may be transferred to learned Special Metropolitan Magistrate (N.I. Act Cases), Jodhpur Metro, Jodhpur.

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Counsel for the petitioner argued that the complainant/respondent No.1 had initiated proceedings under Section 138 Cr.P.C. against the petitioner for borrowing a loan of Rs.9 lakhs at Nathdwara. Counsel submits that the petitioner is an ailing woman of about 65 years and is living at Jodhpur, therefore, it is very difficult for her to travel to Nathdwara which is about

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more than 200 kms away from her residential place at Jodhpur. In such circumstances, it is prayed that the Criminal Case No.516/2018 pending before the learned Senior Civil Judge & Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand may be transferred to learned Special Metropolitan Magistrate (N.I. Act Cases), Jodhpur Metro, Jodhpur.

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Counsel for the complainant/respondent No.1 has opposed the prayer made by the counsel for the petitioner and prayed for dismissal of the revision petition.

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I have heard counsel for the parties and perused the documents available on record.

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Looking to the facts and circumstances of the case including that facts that the petitioner is an ailing woman of about 65 years and is living at Jodhpur and it is difficult for her to travel to Nathdwara which is about more than 200 kms away from her residential place at Jodhpur, this Courts deems it appropriate to accept the prayer of the petitioner to transfer the proceedings under Section 138 of NI Act at Jodhpur, where she is presently residing.

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Hence, this transfer petition is allowed. It is ordered that the Criminal Case No.516/2018 pending before the learned Senior Civil Judge & Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand be transferred to learned District and Sessions Judge, Jodhpur Metro, who shall send the case before the appropriate NI Act Court.

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The learned Senior Civil Judge & Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand is directed to send the

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record of the Criminal Case No.516/2018 to the Court of District and Sessions Judge, Jodhpur Metro.

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(MANOJ KUMAR GARG),J

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99-MS/-

Smt. Brij Kaur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Brij Kaur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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