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Vandana Jadaun vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 13 June 2024 · Citation: (2024) 06 UK CK 0054

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section Section 407 · Negotiable Instruments Act, 1881 — Section 138
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 5 Of 2023
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Judgment

8 paragraphs · 320 words

Alok Kumar Verma, J

1.

Present Application has been filed under Section 407 of the Code of Criminal Procedure, 1973 by the applicant-accused to transfer the Criminal Case No. 1066 of 2022, “Uttam Singh Gusain Vs. Smt. Vandana Jadaun”, under Section 138 of the Negotiable Instruments Act, 1881, from the Court of Judicial Magistrate, Uttarkashi to the Court of Judicial Magistrate, Dehradun.

2.

Notice has been served personally on respondent no.2-complainant. There is no representation on behalf of the respondent no.2.

3.

Mr. Piyush Garg, Advocate contended that the applicant, about 68 years’ widowed, is suffering from serious health conditions. She is residing at Dehradun. When the applicant travelled from Dehradun to Uttarkashi on 13.02.2023, she got seriously ill and her medical condition started deteriorating. She visited District Hospital, Uttarkashi and got herself medically examined on 13.02.2023. After coming back from Uttarkashi to Dehradun, she got herself medically examined by Dr. S.N. Nautiyal on 15.02.2023. He advised her not to travel to high altitude area in view of her medical condition. In support of the said contention, a copy of medical certificate, issued by Dr. S.N. Nautiyal, has been filed by the applicant.

4.

In view of the above facts and circumstances of the case, the present Application, filed under Section 407 of the Code of Criminal Procedure, 1973, is required to be allowed.

5.

Consequently, the said Application is allowed. The Criminal Case No. 1066 of 2022, “Uttam Singh Gusain Vs. Smt. Vandana Jadaun”, pending before the Court of Judicial Magistrate, Uttarkashi, under Section 138 of the Negotiable Instruments Act, 1881, is transferred to the Court of concerned Judicial Magistrate, Dehradun.

6.

The record of the case shall be transferred forthwith to the transferee court, which shall take the matter and shall decide the same according to law and as expeditiously as possible.

7.

A certified copy of this order be sent to the concerned Courts for necessary compliance.