Lavuri Adarsh, Vs Smt. Dharavathe Geetha — Cheque Dishonour | Telangana HC (2025)

Lavuri Adarsh, Vs Smt. Dharavathe Geetha — Cheque Dishonour | Telangana HC (2025)

What the court decided

AI extract

Outcome

Transfer Criminal Petition allowed: S.T.C.NI.No.49O6 of 2022 transferred from the Court of XI Metropolitan Magistrate at Hyderabad to the Court of Judicial Magistrate of First Class at Nalgonda to be tried along with S.T.C.NI.No.12l of 2022; Court concerned directed to transmit the indexed case file within one month under intimation to the other side; miscellaneous applications closed.

Issue for consideration

Whether S.T.C. No. 4906 of 2022 pending before the XI Metropolitan Magistrate at Hyderabad should be transferred to the Judicial Magistrate of First Class at Nalgonda to be tried along with S.T.C. No. 121 of 2022.

Court's answer

On consideration of the petitioner's submissions, the parties to both transactions are the same, both are relatives, the complaints were filed only to harass the petitioner, and there was no representation on behalf of respondent No.1 to oppose the transfer.

Ratio / Principle

The Transfer Criminal Petition is allowed and S.T.C.NI.No.49O6 of 2022 is transferred from the Court of XI Metropolitan Magistrate at Hyderabad to the Court of Judicial Magistrate of First Class at Nalgonda to try along with S.T.C.NI.No.12l of 2022.

Key takeaways

The Court concerned is directed to transmit the entire case file relating to S.T.C.NI.No.49O6 of 2022, duly indexed, within one month from the date of receipt of a copy of the order, under intimation to the other side.ratio¶36
Miscellaneous applications, if any pending, shall stand closed.ratio¶37

Detailed headnote1 paragraphs

High Court for the State of Telangana (Smt. Justice K. Sujana), Transfer Criminal Petition No. 27 of 2024, decided 27-02-2025 - Allowed. Petitioner/accused (Lavuri Adarsh) sought transfer of S.T.C. No. 4906 of 2022 from the XI Metropolitan Magistrate, Hyderabad to the Judicial Magistrate of First Class, Nalgonda for joint trial with S.T.C. No. 121 of 2022, pursuant to complaints by respondent No.1 (Dharavathe Geetha) under S.200 Cr.P.C. r/w S.142 NI Act concerning cheques Nos. 591088 and 591076 dated 05.04.2022, tied to alleged loans of Rs. 19 lakhs (26.10.2021) and Rs. 14 lakhs (11.06.2021). Held: parties to both transactions are the same, both are relatives, the complaints were filed only to harass the petitioner, and respondent No.1 was unrepresented (no appearance from 06-02-2025); no prejudice in a common trial. Transfer allowed; Court concerned to transmit the duly indexed case file within one month; miscellaneous applications closed.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE K, SUJANA

TRANSFER CRIMINAL PETITION NO:'27 OF 2024

Between:

Lavuri Adarsh, S/o. late Chanda Naik, Aged. 30 years, Occ. Govt. Employee, R/o. H.No.1-9-61l10l9lN1, Ambedkar Nagar Locality, [Vlarket Road, Suryapet Town and District

...PETITION ER/ACCUSED

AND

'1 . Smt. Dharavathe Geetha, Wo. Ramesh, Aged. 40 years, Occ. Govt Employee, R/o. H.No.4-11-497, Chaitanyapuri Colony, DVK Road, Nalgonda Town and District

rhe state of re ransana,, Rep resented 0r,".

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Petition under Section 4O7 rlW. Sec. 482 of Cr.P.C 'praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the transfer petition by withdrawing and transferring the proceedings S.T.C. N.l. No. 4906 of 2022 on the file of Hon'ble Xl Metropolitan Magistrate at Hyderabad to Hon'ble Judicial l\4agistrate of First Class at Nalgonda, consequently to club both the cases i.e., S.T.C. N.l. No. 4906 of 2022 and S.f .C. Nl. No.12112022 to try together in accordance wrth law

l.A. NO: 1OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in S.T.C. N.l. No. 4906 of 2022 on the file of Hon'ble Xl Metropolitan Magistrate at Hyderabad.

This Petition coming on for hearing, upon perusing the h/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V YADU KRISHNA SAINATH ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2 and of Sri. SRI. K. VENKAT REDDY, Advocate for the Respondent No. 1.

Counsel for the Petitioner :SRl. V YADU KRISHNA SAINATH Counsel forthe Respondent No. 1: SRl. VENKAT REDDY KODUMURY Counsel for the Respondent No. 2: PUBLIC PROSECUTOR

The Court made the following: ORDER

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THE HONOURABLE SMT JUSTICE K. SUJANA

TRAX\ISFER CRIMINAL PETITI ON No.27 of2024

Q_EPER:

This transfer Criminal petition is filed by the petitioner seeking transfer of S.T.C.NI.No .4906 of 2022 pending on the file of XI Metropolitan Magistrate at Hyderabad to the Judicial Magistrate of First Class at Nalgonda to try along with S.T.C.NI.No. l2I ol 2022.

Heard Sri V.Yadu Krishna Sainath, iearned counsel for the petitioner. There was no representation on behalf of respondent No. I from 06-02.2025 and on 2O.O2.2O25 though, the matter was listed for orders today, there is no representation on behalf of respondent No. I.

Thc contention of learned counsel for the petitioner is that respondent No.I and the petitioner are relatives arld respondent No. 1 fiied a complaint under Section 2OO of Cr.p.C., r/w.Section 142 of Negotiable Instruments Act, before the Judicial Magistrate of First Ciass, Nalgonda alleging that the petitioner obtained hand loan of Rs. 19 lakhs on 26.10.2021 and issued

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cheque bearing No.591088 on 05.O4.2022 towards discharge of debt. Respondent No. 1 again filed a cornplaint aileging that petitioner obtained Rs. 14 Lakhs on I l.06-2021 and issued cheque bearing No.591076 on O5.O4.2022 which were dishonoured. In both the cases, the complainant is one and the same, defence is also one and the same and no prejudice would be caused to respondent No. 1 if common trial is conducted in both the cases. He further contended that respondent No.1 misused the cheques and filed different complaints in different places. As.such, prayed this Court to transfer S.T.C.NI.No.49O6 of 2O22 from the Court of XI Metropolitan Magistrate at Hyderabad to the Judicial Magistrate of First Class at Nalgonda.

Considering the submissions made by the learned counsel for the petitioner, it is seen that the parties to both the transactions are same and both of them are relatives and only to harass the petitioner, the complaints are fi1ed. There is no representation on behalf of respondent No. 1 to oppose the same.

Accordingly, the Transfer Criminal Petition is allowed and S.T.C.NI.No.49O6 of 2022 is transferred from the Court of XI Metropolitan Magistrate at Hyderabad to the Court of Judiciai Magistrate of First Class at Nalgonda to try along with

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S.T.C.NI.No.12l of 2022. The Court concerned is hereby directed to transrnit the entire case frle relating to S.T.C.NI.No.49O6 of 2022 after duly indexed, within a period of One (1) month from the date of receipt of a copy of this Order, under intimation to the other side.

Miscellaneous applications, if any pending, sha1l stand

closed.

Sd/- P PADIMANABHA REDDY ASSISiTANT REGISTRAR

I

//TRUE COPY//

SECTION OFFICER

To,

The Xl Metropolitan Magistrate at Hyderabad

The Judicial Magistrate of First Class at Nalgonda.

The Station House Officer Nalgonda lTown Police Station, Nalgonda

One CC to SRl. V YADU KRISHNA SAINATH Advocate IOPUCI

One CC to SRl. VENKAT REDDY KODUTV1URY Advocate tOpUCI

Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad IOUTl

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Two Copies

PM/PR

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HIGH COURT

DAfED:2710212025

ORDER

TRCRLP.No.27 ol'2024

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ALLOWING THE^t]RIMINAL PETITION

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