G.C. Jain vs State Of M.P.

Petitioner has filed the present petition for transfer of session trial no. 6/2012 from the Court of Additional Session Judge, Amarwara, District-Chhindwara to the Court of Session Judge, Bhopal. It is submitted by the counsel appearing for the petitioner that an FIR has been registered at crime no. 514/2010 at Police Station-Chourai, District-Chhindwara under Sections 420, 467, 468, 471 read with section 120-B of Indian Penal Code. As per the said FIR petitioner has submitted a forged FDR as security along with tender deposited on 29/8/2008 at the office of Chief Engineer Bhopal. Said FDR was sent from the office of Chief Engineer to the office of Executive Engineer Division Chourai. Executive Engineer Chourai sent FDR no.1804013 for verification to HDFC bank. HDFC bank did not send the reply regarding the FDR. Without verification of FDR work order was issued on 03/10/2008. FDR issued by the petitioner was found to be false and forged therefore FIR was registered against him. Counsel appearing for the petitioner submitted that same FDR is under investigation in crime number 456/2011 registered at Police Station-M.P. Nagar Bhopal. Petitioner made a prayer that since same FDR is under investigation and trial therefore session trial no.06/12 pending before Additional Session Judge Amarawara, Chhindwara may be transferred to the Court of Session Judge Bhopal.

Heard the learned counsel appearing for the petitioner as well as counsel appearing for the respondent.

FIR at Police Station Maharana Pratap Nagar Bhopal is filed at crime no.456/2011. This is a complaint made by Gyanchand Jain through Devashish. Petitioner in M.Cr.C is not an accused in FIR lodged at Bhopal, M.P. FIR at Bhopal has been lodged on the ground that FDR filed at Dindori, Mandala and Sehore are forged. These FDRs were issued by SBI Indore, State Bank of India Dindori and Balaghat Sivni Kshtriya Gramin Bank. The cause of action in both these FIRs are different. Petitioner is accused in FIR lodged at Chourai, Chhindwara whereas petitioner is complainant in FIR lodged at Bhopal. Complaint at P.S. Bhopal is made against Ashwin Bhatia, Manoj Kumar Ahuja and Preetam Das Ahuja. The angle of investigation and trial in both the cases will be different though one of the FDR may be common in both the cases. This cannot be a ground for transfer of case from the Court of Additional Sessions Judge to the Court of Session Judge, Bhopal.

In view of above, petition filed by the petitioner is dismissed.