✦ High Court of India · 07 Mar 2025

The High Court · 2025

Case Details High Court of India · 07 Mar 2025
Court
High Court of India
Decided
07 Mar 2025
Bench
Not available
Length
1,622 words

Amudala .Ramakrishna, S/o. VenkataSwamy, aged about 37 years, Occ: pvt., work and Reporter Rro. 12-4-36, av Nigai ioiaritv or'sircitrb iown'a [t/andal. Rajanna Srrcilla District, TS Sri Krishna Tela Travels, tgp,^Oy its proprretor Sri. Amudala Ramakrishna, Office at Gopat Nagar,Slrciila, Rajannasir;iila Dislrici fC nto r)_+_SO- b'V -' - Nagar, locality of Sircilla Town and lVlandal, Rajanna Sircilla Districi TS AND ...Petitioners/Accused No.1 & 2 1 2 3 Sri Dubala_Anil Kumar, S/o. Dub^alatr/londaiah,Age:36 years, Occ: Business, siricrtia oistrLi i s--' R/o. H No 8-8-68, Nehru Nagar, Siriciila town :Tt.P.ybela^Yljaya, Wto Dubatqtvtondaiah, Age: 59 years, Occ: Business, R/o. H.No.8-8-68, Nehru Nagar, Siricilta Towh, dajanna'siriciita OistrLi i.S--' The state of relanoana Rep , by_ its pubric prosecutor, High court for the State ot felangana 5t fiyOera'OaO, iS 'Rajanni . Respondents/Respondents Petition under section 447 of BNSS praying that in the circumstances stated in the affidavit of rransfer criminar petition, th; High court may be preased to transfer the STC No. 863 of 2022 from the fire of the il Addr., Ludiciat ivtagistiate of First class at LB Nagar, R R Dist., TG to the fire of the ea., Juarciat rvraiistrate of First Class at Sircilla, Rajanna Sircilla District. l.A. NO: 1 OF 2 024 Petition under section 528 of BNSS praying that in the circumstances stated in the petition, the High court may be preased to stay aI further proceedings including appearance of the petitioner in src No. 863 of 2022 from the file of the ll Addr-, Judiciar Magistrate of First crass at LB Nagar.R R Dist.,TG, pending disposal of the above Transfer crl Miscellaneous petitiSn. This Petit cn r (rming on for hearing, upon perusing the lvl::morandum of GroundsofCriminalPetitionanduponhearingtheargUm€ntl.;ofSriBethi Venkateswarlu, Advr;cate for the Petitioners and the Assistant I)ul)lic Prosecutor on behalf of the tle:;pondent No.3 and of Sri K Venumadhav, A<:vocate for the Respondent No1 & 2. Transfer Crimina I Petition No.95 of 2024 Between: l,AmudalaRamal<rishna,S/o.VenkataSwamy,agedabout3ly:arsOcc:Pvt' work and Re:rorter R.lo. 12-4-36' B.Y Nagai, locality o' f'ircilla Town & Ivlandal, Ralantra Sircilla District, TS

2. Sri Krishna Terja Travels, Rep., by its Proprietor Sri. Amurlal;r Ramakrishna, - O*i"e at r3opiil Nagar,Sircilld, RajannaSircrlla.District, Tll !{r, 12-4-36' BY r.lagai, tocariiy cf siicilla Town.and Mandal, Rajanna sircilla Di,;trict, TS ... Petitio ners/Acr.:used No.1 & 2 AND l.SriDubalaAnilKumar,S/o-DubalatVlondaiah,Age'36yea's,Occ'Bushess, R/o. H.No.8-B'33, Nehru Nagar, Siricilla Town, Rajanna S ri :ill t District, I S

2. Smt. Duba a Wo. DubalaMondaiah, Age 59 y-ea'q'. O39 Pytlngtt' R/o H.No.8-8 38, Nehru Nagar, Siricilla Town' Ra.ianna S rl:tll I lJtstrrct, I 5 3. The State of -r,alangana, Rep., by its Public Prosecutor 1ig h court for the "/iiaya, State of Telanqirna at Hyderabad, TS .Respond€ nti)/Respondents Petition under t:;()ction 447 of BNSS praying that in the c rr:urtstances stated in the affidavit to tra rsfer the STC No. 862 of 2022 from the fil: cf the Hon'ble ll Addl., Judicial [\4agii;trate of First Class at LB Nagar, R R Dist I G to the file of the Hon'ble Prl., JLrcicial [\4agistrate of First class at sircilla, Ii.ajanna sircilla District, TG. l.A. NO: 1 OF 2024 Petition unde r Section 528 of BNSS praying that in I he circumstances stated in the affida',r t filed in support of the petition, the lligh Court may be pleased to stay all f u rther proceedings including appearance of the petitioner in STC No. 862 of 202',2 from the file of the ll Addl., Judicial [i4agis:rale of First Class at LB Nagar, R Fl Dist., TG, pending disposal of the aLov: Transfer Crl Miscellaneous Petitior. This Petition coming on for hearing, upon perusing the A.{emorandum of Grounds of criminar petition and upon hearing the arguments of sri Bethi Venkateswarlu, Advocate for the petitioners and the Assistant pubric prosecutor on behalf of the Respondent No.3 and of sri K. venumadhav, Advocate for the RespondentNos. 1&2. The Court made the following: COMMON ORDER ..i.- THE HONOURABLE SMT JUSTICE K' SUJANA TRANSFEET CRIMINAL PETITION Nos'93 AND 9512024 COMMON ORDER: S1n( )e r he lis and parties involved in b'rt h the petitions ar(-'- same, they were heard together arLcl are disposed of r'" this common order'

2. Tr.r.)r1.i'.No.93 of 2024 and Tr'Crl'P No 95 o' !;024 are lrlerl :rre ying this Court to transfer STC'No 863 r'i "'O22 and STC.NT; t\62 of 2022, respectively, from the file r I tee II Additional .lrrdicial Magistrate of First Class' at LB Nrtgar' Rangarecldr District, to the fi1e of the PrinciPal ' Iut Licial Sircilla, Rajanna Si'cilla Magistrate of First Class, at Districl.

3. Hcar:l Sri Bethi Venkateswarlu, learned cou ns rl for petitioners'iLccused Nos. 1 and 2, and Sri K Venu l4athav' learned :ot ttsel for respondent No 2' 2 rr.crl.p.Nos s3 a es ofsloti

4. Learned counsel for petitioners submitted that the respondent Nos.l and 2, son and mother, have liled false cases against the petitioners under the Negotiable Instruments Act, misusing blank cheques ihat were in the custody of Dubala Mondaiah, the father of respondent No. 1 and husband of respondent No.2. He contended that Dubala Mondaiah is engaged in illegal hnance business, providing private hand loans without a license, and has been using blank signed promissory notes and cheques to extort money from borrowers. He asserted that the petitioner, who had borrowed Rs.20 lakhs from Dubala Mondaiah, was forced to hand over blank signed cheques and a mortgage deed, which are now being misused by the respondents to fiie false cases. He lamented that the respondents have intentionally hled two cases at LB Nagar, despite being permanent residents of Sircilla, so as to harass the petitioners and cause inconvenience to them, and that the petitioners will sr.rffer irreparable loss and injury, if the cases are not transferred to Sircilla. Therefore, he prayed this Court to allow tire transfer criminal petitions, transferring STC.Nos.862 and g63 of 2024 frorn 3 SKS.J Tr.Crl-P.iios.9:i I !r5 of 2024 the file oi he II Additional Judicial Magist'rate' rrf First Class, at l.El.Nagar, Rangareddy District, to the llle of the Principa I , hrdicial Magistrate of First C1ass, at Si rcilla' RajanrLa Slrciila District, to ensure speedy- disposrrl rf the cases etr-rcl I () prevent abuse of the legal process' (Jn he other hand, learned counsel for resl'or dents

5. hled cor-rnte r, opposing the submissions made br' le arned counsel fo' pctitioners, stating that the complairLt; f led in S.T.C. Ncr:,. 862 and a63 of 2022 were indeed hLeC 11' the responcler t themselves, as the petitioners had tal<i n I loan from thenr and issued cheques that were returrrecl vith a "pavnlent s -opped by the drawer" endorsement l{r: a t'erred that the rt spondent had issued statutory rloti'it si to the petitiorrcr., who failed to pay the checlue illnlunts, promptintr the respondent to flle the complain ts Lri fore II Additional Judicial Magistrate of First Class Ranla Reddy Distrirlt . il L.B.Nagar, which has jurisdiction ov':r the matter. 'I herefore, while advocating that the trilnr;fer as sough t fc r ts not maintainable, he prayed this Cr turt to dismiss tl Lr, transfer petitions. 4 SKS,J Tr.Crl.P.Nos 93 & 95 of2024

6. Having regard to rival submissions made and on going through the material placed on record, it is noted that the averments made in the complaints filed in STC.Nos.862 and 863 of 2022 seems to be similar in nature with that of the cases filed by respondent uide STC.Nos. 1 1, 16, 17 , 22 and 29 of 2022 pending before the frle of the Principal Judicial Magistrate of First Class, at Sircilla, Rajanna Sircilla District. Therefore, so as to avoid conflicting decisions, this Court is of the opinion that sufficient grounds are made out to transfer STC.Nos.862 and 863 of 2022 pending on the file of the II Additional Judicial Magistrate of First Class, at LB.Nagar, Rangareddy District, to the file of the Principai Judicial Magistrate of First Class, at Sircilla, Rajanna Sircilla District.

7. Accordingly, these Transfer Criminal Petitions are allowed. STC.Nos.862 arrd 863 of 2022 pending on the hle of the II Additional Judicial Magistrate of First Class, at LB.Nagar, Rangareddy District, stands transferred to the frle of the Principal Judicial Magistrate of First Class, at Sircilla, Rajanna Sircilla District, to be tried along with 5 SKS'J Tr.CrLP t{os.g: I 95 ol2024 STC.Nos.1 , 16, 17, 22 and 29 of 2022 Tlx' lourt concerucci rs hereby directed to transmit the entirr: ::a ;e file relating rr, STC.Nos.862 and 863 of 2022 aft:r dulv indexe<l. u thin a period of one (1) month ffom thc d rte of receipt of ir :opy of this order, under the due intin at on of the same lt the other side. There shall be no ordcr as t.o costs. Mrsr:,: laneous applications, if any pendlng, shall stand clos, t I Sd/- A. SREEI..IIVASA REDDY ASSIST'ANT REGISTRAR //TRUE COPY// SEC:TION OFFICER To,

1. The ll Additi:rral Judicial lVlagistrate of First Class at [-E Nagar, Ranga Reddy Distric...

2. f he Principal . udicial magistrate of First Class at Sirc lla, lajanna Sircilla District.

3. Two CCs .o he Public Prosecutor, High Court for the S ta e of Telangana at Hyderabac [OUT]

4. One CC to S.i Bethi Venkateswarlu Advocate [OPUC] 5. One CC to Sr l(. Venumadhav, Advocate [OPUC] 6. Two CD Copi,,,s kam,DL HIGH COURT DATED:0710312025 \J o I '.!- ./..-...... 2:r. i-' , /.,. , )' {(, (t s s$J COMMON OFIDER TRCRLP.Nos.93 and 95 of 2 o24 '. t' !lf ALLOWING'THE TRANSFER CRIMINAL PETITIONS I 4,4 5,/5-/'{5

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