Don Distributors vs. Anchor Electricals Private Limited

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

<u>Transfer Petition(s)(Criminal) No(s). $814/2022$ </u> Petitioner(s) DON DISTRIBUTORS & ANR.

VERSUS

ANCHOR ELECTRICALS PRIVATE LIMITED

Respondent $(s)$

O R D E R

Heard the learned counsel for the parties and perused the petition papers.

Though detailed objections and rejoinder have been filed, we note that the instant petition has been filed seeking transfer of the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 bearing C.C.No. 8612/SS/2018 titled as "Anchor Electricals Private Limited Vs. Don Distributors & Anr." from the Court of the learned Metropolitan Magistrate, 33^rd Court, Ballard Pier, Mumbai to the Court of Pala, Kottayam District, Kerala.

At the outset, we note that the complaint has been initiated in respect of a dishonoured cheque which was presented to the respondent-HDFC Bak in Mumbai and that light, complaint has been filed before the Metropolitan Magistrate, Mumbai. Though the learned counsel for the petitioners contend with regard to the nature of the transaction between the parties and that, such a complaint

could not have been instituted, it is beyond the purview of the instant petition, and it will be open for the petitioners to take up all their contentions in appropriate proceedings.

In that view of the matter, leaving all contentions open to be urged on merits before the appropriate Court, the transfer petition is disposed of as we see no reason to transfer the proceedings, as sought for in the prayer made herein.

Accordingly, the Transfer Petition is disposed of. Pending application(s), if any, shall stand disposed of.

...................J. (A.S. BOPANNA)

...................J. (HIMA KOHLI)

New Delhi 08th February, 2023

ITEM NO.4 COURT NO.12 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Transfer Petition(s)(Criminal) No(s). 814/2022

DON DISTRIBUTORS & ANR. Petitioner(s)

VERSUS

ANCHOR ELECTRICALS PRIVATE LIMITED Respondent(s)

(IA No. 131594/2022 - STAY APPLICATION)

Date : 08-02-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI

For Petitioner(s)	Mr. Wills Mathews, Adv.<br>Mr. Paul John Edison, Adv.<br>Mr. Devendra Kumar Tiwari, Adv.<br>Ms. Deepa Joseph, Adv.<br>Mr. Manu Prakash Upadhyay, Adv.<br>Mr. Dhanesh M Nair, Adv.<br>Mr. Nand Ram, Adv.<br>Ms. Shweta Garg, AOR<br>Mr. Shaji Sebastian, Adv.
For Respondent(s)	Mr. Mahesh Agarwal, Adv.<br>Mr. Rishi Agrawala, Adv.<br>Mr. Ankur Saigal, Adv.<br>Mr. Anirudh Bhatia, Adv.<br>Ms. Deepsikha Mishra, Adv.

Mr. Rajesh Kumar, Adv.

Mr. E. C. Agrawala, AOR

UPON hearing the counsel the Court made the following O R D E R

The Transfer Petition is disposed of in terms of the

signed order.

Pending application(s), if any, shall stand disposed of.

(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)