The High Court · 2025

The State of T.S., Rep., by Public Prosecutor, High Court, Hyderabad tvlohd Abdul Sohail, S/o Mohd Abdul Sattar, Aged about 26 -years,. Occ: e,;ii""iq--nl"- H.ilo a-s-zzg t67811494, Q!--l-am'Nagar, Yousufguda, Khairatabad, Hyderabad, Telangana State - 500045 M/s. Arish Engineering Co., Represented by its Partners, Mohammad N/uqueemuddin and AYesha Fathima 4 lrlohammadMuqueemuddin,s/oMohammedNizamUddin,Age3SYears Contact No. 9573402294/99635281 63 ,.RESPONDENT No'2/DEFACTO COMPLAINANT PetitionunderSectton44TofB.N.S.S.,prayingthatinthecircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to transfer the STC Nl.No.363 oI 2024 on the file of 1't Additiional JudicialFirstClassMagistrateatKhammammaybetransferredtomore particularly before lll Additional Chief Metropolitan A/lagistrate, Hyderabad' l.A. NO: 1 OF 2024 Petition under Section 447 (6) of B N S S', 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 STC Nl-No'363 of 2024 on the file of 1't Addl. Judi,:ial First class lvlagistrate at Khammam, pending disposal of the present Transfer Oriminal Petition. l.A. NO: 2 OF 2024 Between: IVlohd Abdul sohail s/o Mohd Abdul Qattar, Aged about 26 years, occ: Business, - (f,uirrtrUJi, R/o H.No.8-3-228r678t1494. _Sri Ram Hyderabad, Telangirna State - 500045 Nigar, Vousu'fguOa ' AND 1 2 3 4 PETTTTONER/RESpONDENT No.2 Ayesha Fathima @ Ayeesha Fatima, Wo lVlohammad [Vluqueemuddin Aoe 24 yrs, Occ. H,use Wife R/o H.No.10-2_31811120t1 Fero2 riandhi Nao"ar Vijay Nagar Colony, Near Priya Talkies, Hyderabad, fetangana Sla RESPONDENT/PETITIONER The State of T,S , Rep., by Public prosecutor, High Court, Hyderabad. M/s. Arish MUqueemuddtn ilnd Ayesha Fathima Engineering . Co.. Represented by its partners, Mohammad , loh.amlgd^llu-c1u-eemuddin, S/o Mohammed Nizam Uddin, Age. 38 years Contact No. 9573402294/9963528.1 63 Petition under section 528 of B.N.S.s., praying that in the c;ircumstances stated in the affidavit fited in support of the petitio;, the High court may be pleased to vacate the interim orders passed in lA. No, I of 2024 in TR cRLp No. 83 oF 2024 dated 12tct9t2024 by dismissing the TR,cRLp No. 83 oF 2o24 in rhe interest of justice. LA. NO: 3 OF 2024 Petition under Section 528 of B.N.s.s, praying that in the circumstances stated in the affidavit fired in support of the petition, the High c;ourt may be pleased to extend the interim orders in tA No.1 of 2024 in rhcRLp tto.tis or 2024 daled 0411012024 l.A. NO: 4 OF 2024 Petition under lSr:ction 528 of B.N.S.S., praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to extend ther interrm orders in l.A No.3 of 2024 in TRCRLP tlo.ris ot 2024 dated 27-11-2024 l.A. NO:'t OF 2025 Petition under [jerction 528 of B.N.S.S,, praying that in the crrcumstances stated in the affidavit l.ired in support of the petitio;, the High c,rrii ,rf o" pleased to extend the interim order in lA No 4 of 2024 in TRCRLP No 83 of 2024 daled 3111212024. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P VAIMSHEEDHAR REDDY, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and of Sri PARI[/ALA PARGI, Advocate for the Respondent No.2 Counsel for the Petitioner: SRl. P VAMSHEEDHAR REDDY Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI PARIMALA PARGI Counsel for the Respondent No.3 and 4 : None Appeared The Court made the following: ORDER F --l THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.Crl.P.No.83 of 2o24 ORDER: This Transier Criminal Petition is filed by the petitiorrer to transfer STC.NI. No.363 of 2024 pending on the hie of the learned I Addi tional Judicial Magistrate of First Class, Khammam to the hle of the learned III Additional Chief Metropolitan Magistrate, Hyderabad.

2. Heard Sri P. Vamsheedhar Reddy, learned counsel appearing on behalf of the petitioners as well as Parimala Parigi, learned counsel appearing on behalf of respondent No.2.

3. Learned c()unsel for the petitioners sul_.mitted that respondent No.2, hled a private complaint against the petitroner and her husban,l, which was referred to the Police Station Borabanda. He further submitted that the same respondent filed another complaint, STC NI No.363/2024, under the NI Act and IPC, despite LLaving no transactions with respondent No 4 in Khammam, as all transactions took place in Hyderabad. He further submitteci that respondent No.2 has maliciously and vexatiously filed rnultiple cases, abusing the law zrnd causing 2 sr{s,J Tr.Crl.P.No.83 of2024 undue hardship. Transferring the case to Hyderabad would allow for judicious resolution of both cases, preventing irreparable loss to the petitioner. Therefore, he prayed the Court to transfer STC.NI.No.363 of 2024 pending on the file of the learned I Additional Judicial Magistrate of First Class, Khammam to the file of the learned III Additional Chief Metropolitan Magistrate, Hyderabad.

4. On the other hand, learned counsel for respondent No.2 submitted that the jurisdiction for hling cases under the NJ Act lies in Khammam, whereas the jurisdiction for filing complaints under Sections 406 and 42O of the IPC lies in Hyderabad. He argued that the cases are being tried in their respective jurisdictional Courts. Therefore, he prayed that the Court dismiss the transfer criminal petition.

5. Considering the submissions of both parties and the material on record, it appears that the transactions in question stem from the Memorandum of Understanding (MOU) signed by the petitioner and respondent No.2. The non-performance of this MOU led to the registration of criminal cases and the issuance of a cheque based on the terms and conditions of the MOU. Therefore, the Court deems it Iit to transfer STC.NI.No.363 of 2024 from the file of the learned I Additional '."7 3 sKs,J Tr.Crl.P.No.83 of 2024 Judicial Magistrate of First Class, Khammam, to the file of the learned III Additional Chief Metropolitan Magistrate, Hyder,abad.

6. Accorclingly, the Transfer Criminal Petition is allowed. STC.NI.No.363 cf 2024 stands transferred from the file of the iearned I Additional Judicial Magistrate of First Class, Khammam, to the file of the learned III Adctitional Chief Metropolitan Magistrate, Hyderabad. Further, both the parties are directed to co-operate with the trial Court in concluding the trial. Furthermore, the Court concerned is heret,y directed to transmit the entrre case file relating to STC.NI.No.363 of .2024, after duly indexe,d, within a period of One (1) mo.rth f.om the date of receipt ,l1 a copy of this Order, under intimation t,l the other side. Ther:e shall be no order as to costs. Miscellanr:ous applications, if any pending, shail stand closed //TRUE COPYII Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR 1\,t VSECTION OFFICER The lAdditiional Judrcial First Class Magistrate at Khammam. The I I I Additiona r Chief lVletropolitan ltta!istriie ivJerabad Two CCs to the F,ublic prosecutor, High C"ourt tol tf,6 Stri" oi Terlangana at Hyderabad (OUTy One CC to SRt P VAMSHEEDHAR REDDY, Advocate [OPUC] 9nu 99 !o SRt pARtI\4ALA PARGt, Advocate iOpUCf Two CD Copies To I 2 J

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