High Courts(2008) 03 AHC CK 0118

Ram Chandra Singh vs State of U.P.

Allahabad High Court · Decided on 26 March 2008

HON’BLE JUDGES
Barkat Ali Zaidi, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Transfer Application No. 237 of 2008

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Judgment

5 paragraphs · 167 words

Barkat Ali Zaidi, J.—Heard Sri N.L. Agrawal, Advocate for the applicant and Sri Sanjay Sharma, Addl. Government Advocate for the State.

2.

A Criminal Complaint Case No. 7521 of 2004 under section 138 Negotiable Instrument Act, 1881 filed by oppparty No. 2 complainant Baidyanath Ayurveda Bhawan Ltd. through its General Manager Sri Y.P. Sharma is pending in the Court of Chief Judicial Magistrate, Jhansi wants transfer of his case from Jhansi to Kanpur.

3.

The transfer is sought on the ground that he is a heart patient, and is an old man aged 60 year.

4.

The ground, of age related debility will not suffice, because the applicant can seek exemption from personal appearance and Magistrates are by an large inclined to grant exemptions. In case, any specific inconvenience felt in this regard, the applicant can approach the Court again. The Chief Judicial Magistrate will decide the case expeditiously and fix the case at least twice a week.

5.

With these observations, the transfer application is dismissed.