Salma Babu vs Suban Khan

This petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) is filed with a prayer to withdraw C.C.No.2002/2024 from the file of the I Additional Civil Judge and JMFC Court, Chitradurga and transfer the same to the Court of the II Additional Senior Civil Judge and JMFC, Ranebennur.

Heard the learned counsel for the parties.

Respondent herein has initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which is pending consideration in C.C.No.2002/2024 before the Court of I Additional Civil Judge and JMFC Court, Chitradurga. Petitioner, who is the sole accused in the said case is before this Court seeking transfer of the said case to the Court of II Additional Senior Civil Judge and JMFC, Ranebennur.

The learned counsel for the petitioner submits that the cheque in question has been misused by the respondent, who is a close relative of the petitioner. Petitioner has filed a complaint against the respondent for having misused the cheque in question and a criminal case in Crime No.98/2024 has been registered by Ranebennur Town Police Station, Haveri District, in which the charge sheet has been filed and the case is now pending before the jurisdictional Court of Magistrate in C.C.No.1137/2025. Since the subject matter of the two cases are one and the same and since the petitioner, who is a lady, is finding it difficult to travel to Chitradurga on every date of hearing, the proceedings in C.C.No.2002/2024 may be transferred to the jurisdictional Court at Ranebennur.

Per contra, learned counsel appearing for the respondent has opposed the prayer made in the petition and he submits that false allegations were made by the petitioner in her private complaint alleging misuse of the cheque in question. After completing investigation in Crime No.98/2024, charge sheet is now filed only for offence punishable under Section 506 read with 34 of IPC. Accordingly, he prays to dismiss the petition.

The material on record would go to show that the petitioner and the respondent herein are close relatives. Respondent has initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act and the jurisdictional Court of Magistrate has taken cognizance of the alleged offence and the case is now pending before the Court of I Additional Civil Judge and JMFC Court, Chitradurga in C.C.No.2002/2024. Alleging that the cheque in question, which is the subject matter of C.C.No.2002/2024, has been misused by the respondent and thereby he has cheated the petitioner, a private complaint was filed before the jurisdictional Court of Magistrate at Ranebennur in PCR No.26/2024, which was referred to the Police under Section 156(3) of Cr.P.C. for the purpose of investigation. Ranebennur Town Police Station, therefore, had registered FIR in Crime No.98/2024 for offences punishable under Sections 506, 504, 149, 420, 465, 471, 415 and 468 of IPC. In the said case, after investigation, charge sheet is now filed only for offence punishable under Sections 506 read with 34 of IPC and the other offences, which were invoked in the FIR, which relates to cheating, fraud etc. have been dropped in the charge sheet. Therefore, there is no merit in the contention urged by the learned counsel for the petitioner that the cheque in question has been misused by the respondent.

The respondent is the complainant in C.C.No.2002/2024, which is initiated for offence punishable under Section 138 of the Negotiable Instruments Act and he cannot be asked to come to the place of the petitioner and prosecute the said proceedings as against her. It is not the case of the petitioner that the Court of Magistrate at Chitradurga has no jurisdiction to try the offence punishable under Section 138 of Negotiable Instruments Act, which is now pending consideration in C.C.No.2002/2024.

In view of the aforesaid aspects of the matter, I am of the opinion that this petition does not merit consideration. Accordingly, petition is dismissed.

At this stage, learned counsel for the petitioner submits that petitioner may be permitted to appear before the Trial Court virtually.

The said submission is placed on record.

It is for the petitioner to file necessary application before the Trial Court in C.C.No.2002/2024 seeking such permission and if such application is filed, the same shall be considered by the concerned Court in accordance with law.