SUPREME COURT OF INDIA

Before:- B.P. Singh and Arun Kumar, JJ.

Transfer Petn. (Cri.) No. 256 of 2004. D/d. 25.4.2005.

M/s. Vikram Tractors & Ors - Petitioners

Versus

Escorts Ltd. & Anr. - Respondents

Constitution of India, Article 139A - Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Several cheques issued for same transactions - Presentation for cheques for encashment at different places - Cheques dishonoured - Prosecutions at different places - Transfer of case - Cases at different places transferred to one place.

[Paras 3 and 4]

Case Referred :-

Escorts Limited v. M/s. Vikram Tractors, Complaint Case No. 1408 of 2004.

ORDER

B.P. Singh, J. - We have heard counsel for the parties.

2. In T.P. (Cri.) No. 256 of 2004, the petitioner prays for transfer of a criminal case under Section 138 of the Negotiable Instruments Act pending before the Court in Chennai to Delhi. In T.P. (Cri.) 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 respect 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. (Cri.) 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. M/s. 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. (Cri.) No. 258 is pending.

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

Order accordingly