SUPREME COURT OF INDIA

Before:- K.T. Thomas and M.B. Shah, JJ.

Transfer Petitions (Crl.) Nos. 200-09 of 1999. D/d. 10.9.1999

Abhiram Veer - Petitioner

Versus

North Eastern Regional Agricultural Marketing Corporation Ltd. - Respondent

For the Petitioner :- Mr. Ranjit Kumar, Chirag M. Shroff and Mr. M.N. Shroff, Advocates.

A. Criminal Procedure Code, 1973, Section 406 - Negotiable Instruments Act, 1881, Section 138 - Transfer of case under - Grounds that cause of action arose at Lucknow, therefore, only a court of Lucknow can exercise jurisdiction - Held, question of jurisdiction is a matter which the petitioner will have to raise before the Court, where the case is presently pending.

[Para 1]

B. Criminal Procedure Code, 1973, Sections 406 and 313 - Transfer of cases - Grounds for - Petitioner contending that there is danger to his life at the place where cases are pending, therefore, cases to be transferred at an other place - Ground held not sufficient for transfer of cases - However, liberty granted to petitioner to apply for exemption from personal appearance.

[Para 3]

ORDER

K.T. Thomas, J. - This petition for transfer of 10 cases under Section 138 of the Negotiable Instruments Act cannot be allowed on the ground specified in this petition (the ground shown is that the cause of action arose at Lucknow, and therefore, only a court of Lucknow can exercise jurisdiction). Question of jurisdiction is a matter which the petitioner will have to raise before the Court, where the case is now pending.

2. Learned counsel then submitted the hardships inflicted on the petitioner for attending the criminal cases, pending before the courts in Guwahati, particularly when all the 10 different cases are posted on different dates. Counsel points out the situation in Guwahati poses danger to his life. We do not regard even those are sufficient for transferring the cases as that would apply to the other side also.

3. However, it is open to the petitioner to apply for personal exemption from appearance in cases where he made the first appearance. If any such motion is made, we direct the Magistrate concerned to exempt him from personal appearance on the following conditions:

1. The counsel on his behalf would be present in the court on all days when the cases are taken up.

2. The petitioner will not dispute his identity.

3. The petitioner would be present in court when his presence is imperatively needed, such as, the examination under Section 313 of the Criminal Procedure Code.

4. With these observations these transfer petitions are disposed of.

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