Aradhna Sharma vs. Bhawani Shankar Yogi

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRIMINAL) NO. 823 OF 2022

ARADHNA SHARMA Petitioner(s)

Reason:

VERSUS

BHAWANI SHANKAR YOGI Respondent(s)

O R D E R

The prayer in the petition is as follows:

"Transfer the Petitioner's C.C. No. 6275 of 2018 (Mrs. Aradhna Sharma v. Mr. Bhawani Shankar Yogi) pending on the file of the Ld. Judicial Magistrate First Class, Thane to the Court of the Ld. Judicial Magistrate First Class, Kangra at Dharamshala."

This petition is filed by the petitioner who has filed the complaint under Section 138 of the Negotiable Instruments Act, 1881, at Thane. Then, it is the case of the petitioner that she had to move out of Thane and she is presently in Dharamshala in Himachal Pradesh and also she resides with her mother who is a heart patient. It is further the case of the petitioner that, in fact, the respondent resides at Kota, Rajasthan.

After hearing the petitioner and noticing that though served, the respondent has not appeared, we feel that the interests of justice would be best met in the facts if we direct the transfer of the case pending in Thane, not to Dharamshala in Himachal Pradesh but to New Delhi. This we consider for the reason that the respondent instead of Digitally signed by Nidhi Ahuja Date: 2023.04.18 09:59:32 IST Signature Not Verified

1

having to travel to Thane, Bombay, would need to travel a far lesser distance if the case were to be transferred to Delhi.

Accordingly, the transfer petition is allowed in the following terms:

C.C. No. 6275 of 2018 titled as Aradhna Sharma v. Bhawani Shankar Yogi pending on the file of Judicial Magistrate First Class, Thane will stand transferred to the Court of Chief Judicial Magistrate at Saket who will make it over to any competent Magistrate Court.

Registry will communicate a copy of this order to the transferor Court for effecting compliance.

The transferee Court will issue fresh notice to the parties.

…………………………………………………., J. [ K.M. JOSEPH ]

…………………………………………………., J. [ KRISHNA MURARI ]

…………………………………………………., J. [ B.V. NAGARATHNA ]

New Delhi; April 12, 2023.

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

Transfer Petition (Criminal) No. 823/2022

ARADHNA SHARMA Petitioner(s)

VERSUS

BHAWANI SHANKAR YOGI Respondent(s)

Date : 12-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s)

Mr. Abhay Anil Anturkar, Adv. Mr. Dhruv Tank, Adv. Ms. Surbhi Kapoor, AOR

For Respondent(s)

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

The transfer petition is allowed in terms of the signed order.

(NIDHI AHUJA) (RENU KAPOOR) AR-cum-PS ASSISTANT REGISTRAR [Signed order is placed on the file.]

ITEM NO.6 COURT NO.3 SECTION XVI-A