Mrs. Urvashi Govind Advani
Vs. State of Karnataka & Anr  Insc 633 (12 October 2004)
Ashok Bhan & S.H. Kapadia
J U D G M E N T O R D E R The petitioner who is a widow and is 80 years of
age has filed this petition for transfer of CC No. 11090/2003 (PCR No. 131 of
2002) titled Suresh Kumar Sharma v. Smt. Govind Advani & Anr. under Section
420 r/w Section 34 of IPC pending on the files of IXth Addl. Chief Metropolitan
Magistrate, Bangalore to a court of competent jurisdiction at Mumbai.
Respondent-complainant filed the above said complaint of which notice was
taken by the Trail Court alleging therein that the petitioner had entered into
an agreement to sell shop No 4, Ground Floor, Swastik Chambers Cooperative
Housing Society Ltd. for a sum of Rs. 55 lacs out of which Rs. 15 lacs was paid
as advance [Rs. 5 lacs through a Demand Draft and Rs. 10 lacs in cash]. It was
further alleged that the petitioner with fraudulent and dishonest intention to
cheat the complainant tried to wriggle out of the agreement.
According to him, the agreement was entered into at Bangalore. The payments
were made at Bangalore and all the witnesses are residing at Bangalore.
In the Transfer Petition, the petitioner has controverted the allegations
made by the respondent and has prayed for transfer of the case to Bombay
keeping in view the fact that she is a widow aged 80 years and suffering from
Cancer and it would not be possible for her to effectively defend herself in
the complaint filed by the respondent at Bangalore. It would be difficult for
her to travel to and fro to Bangalore from Bombay because of her age and the
disease from which she is suffering.
Counsel for the parties have been heard at length.
Keeping in view the age of the petitioner and the fact that she is suffering
from Cancer, we deem it appropriate to transfer CC No.
11090/2003 (PCR No. 131 of 2002) from the Court of IXth Addl. Chief
Metropolitan Magistrate, Bangalore to the Court of Principal District and
Sessions Judge at Bombay who may thereafter assign the case to a court of
competent jurisdiction to try the complaint.
We have refrained from making any comment on merits lest it may prejudice
either of the parties in the fair trial of the case.