Supreme CourtDivision Bench

Vikram Tractors and Others vs Escorts Ltd. and Another

Supreme Court Of India · Decided on 25 April 2005 · Citation: (2006) 2 OLR 635 : (2005) 10 SCC 80

HON’BLE JUDGES
B.P. Singh, J · Arun Kumar, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 139(A) · Negotiable Instruments Act, 1881 (NI) — Section 138
RESULT
Allowed
CASE NUMBER
Transfer Petition (Cri.) No. 256 of 2004
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Judgment

5 paragraphs · 179 words
1.

We have heard counsel for the parties.

2.

In T.P. (Crl.) No. 256 of 2004, the Petitioner prays for transfer of a criminal case u/s 138 of the Negotiable Instruments Act pending before the Court in Chennai to Delhi. In T.P. (Crl.) No. 258 of 2004, a similar prayer is made for transfer of the case from Ghaziabad to Delhi.

3.

The case of the Petitioners appears to be that in re�spect of the same transaction several cheques had been issued, but they were presented for encashment at different places, resulting in prosecutions at different places.

4.

In the facts and circumstances of the case, we partly allow T.P. (Crl.) No. 256 of 2004 and transfer the Complaint Case No. 1408 of 2004 pending before the Court of Metropolitan Magistrate XIV Egmore Madras entitled Escorts Limited v. Vikram Tractors to the Court of Additional Civil Judge, Ghaziabad where another matter being Complaint Case No. 63 of 2004 which is the subject-matter of T.P. (Crl.) No. 258 is pending.

5.

The T.P. (Crl.) No. 258 of 2004 is dismissed.