Case Note & Summary
The applicant, Subhash Girdharlal Nawandar, filed an application under Section 407 of the Code of Criminal Procedure, 1973, seeking transfer of S.C.C. No. 1487 of 2012 from the court of the 7th Judicial Magistrate, First Class, Aurangabad to a competent court at Latur. The applicant is the father of the respondent, Dinesh Subhash Nawandar. The dispute arose from a family compromise in R.C.S. No. 61 of 2008, a partition suit filed by the applicant's elder son before the Civil Judge, Junior Division, Chakur, District Latur. The compromise was signed by all parties, who are residents of Latur except the respondent. Under the compromise, the applicant, as Karta, was to pay Rs.25,00,000 to the respondent, and a cheque was issued but allegedly not honoured due to a condition that payment was contingent on sale of suit land. The respondent filed a cheque dishonour case in Aurangabad. The applicant contended that the respondent created a charge on the land, preventing sale, and that all witnesses and parties except the respondent reside in Latur. The court, after hearing both sides, allowed the application, holding that transfer was necessary for the convenience of parties and to secure the ends of justice. The case was ordered to be transferred to the court of Chief Judicial Magistrate, Latur, or any other competent court at Latur.
Headnote
A) Criminal Procedure - Transfer of Case - Section 407 CrPC - Convenience of Parties - Applicant (father) sought transfer of cheque dishonour case from Aurangabad to Latur, where all parties except respondent (son) reside and where the compromise decree was passed - Court allowed transfer considering that all witnesses and parties except respondent reside in Latur, and the compromise decree was passed at Chakur, Latur - Held that transfer is necessary for convenience of parties and ends of justice (Paras 1-6).
Issue of Consideration
Whether the cheque dishonour case pending before the 7th Judicial Magistrate, First Class, Aurangabad should be transferred to a competent court at Latur under Section 407 of the Code of Criminal Procedure, 1973.
Final Decision
Application allowed. S.C.C. No. 1487 of 2012 pending before the 7th Judicial Magistrate, First Class, Aurangabad is transferred to the court of Chief Judicial Magistrate, Latur, or any other competent court at Latur for disposal in accordance with law.
Law Points
- Transfer of criminal case under Section 407 CrPC
- convenience of parties
- territorial jurisdiction
- father-son relationship
- compromise decree
- cheque dishonour
Case Details
2012 LawText (BOM) (10) 36
Criminal Application No. 4114 of 2012
Sachin S. Deshmukh for applicant, D.V. Tele for respondent
Subhash s/o Girdharlal Nawandar
Dinesh s/o Subhash Nawandar
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Nature of Litigation
Criminal application for transfer of a cheque dishonour case from Aurangabad to Latur under Section 407 CrPC.
Remedy Sought
Applicant (original accused) sought transfer of S.C.C. No. 1487 of 2012 from the 7th Judicial Magistrate, First Class, Aurangabad to a competent court at Latur.
Filing Reason
Applicant contended that all parties and witnesses except respondent reside in Latur, and the compromise decree was passed at Chakur, Latur, making it inconvenient to defend the case in Aurangabad.
Previous Decisions
R.C.S. No. 61 of 2008 was compromised between the parties, and a decree was passed by the Civil Judge, Junior Division, Chakur, Latur.
Issues
Whether the cheque dishonour case should be transferred from Aurangabad to Latur under Section 407 CrPC for convenience of parties and ends of justice.
Submissions/Arguments
Applicant argued that all parties except respondent reside in Latur, the compromise decree was passed at Chakur, Latur, and all witnesses are from Latur, making it inconvenient to travel to Aurangabad.
Respondent opposed the transfer, but the court found no merit in the opposition.
Ratio Decidendi
Transfer of a criminal case under Section 407 CrPC is permissible when it is necessary for the convenience of parties and to secure the ends of justice, especially where all parties and witnesses except one reside at the place to which transfer is sought, and the subject matter of the dispute arises from a compromise decree passed at that place.
Judgment Excerpts
Heard respective learned counsel for the parties.
This is an application preferred by the applicant (original accused) under Section 407 of the Code of Criminal Procedure requesting that S.C.C. No. 1487 of 2012, pending before the learned 7th Judicial Magistrate, First Class, Aurangabad, be transferred to the court of competent jurisdiction at Latur.
The applicant herein is the father of the respondent.
Considering the submissions advanced by the learned counsel for the applicant and the learned A.P.P. for the respondent, I am inclined to allow the present application.
Procedural History
The applicant filed Criminal Application No. 4114 of 2012 under Section 407 CrPC seeking transfer of S.C.C. No. 1487 of 2012 from Aurangabad to Latur. The application was heard and disposed of at the admission stage with consent of parties.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 407
