M/S Harbans Lal &
Sons & ANR. Vs. Ramson Cycles Pvt. Ltd. [2009] INSC 164 (27 January 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION(CRL) NO. 319 OF 2008
M/s Harbans Lal and Sons & Anr. .........Petitioners Versus Ramson Cycles
Pvt. Ltd. .........Respondent
ORDER
1.
This
petition under Section 406 of the Code of Criminal Procedure has been filed by
the accused person seeking transfer of the cases filed by the complainant under
Section 138 of the Negotiable Instruments Act (`Act' for short) numbered as
1063 of 2002 and 1064 of 2002 pending trial in the court of Judicial
Magistrate, First Class, at Ludhiana, Punjab.
2.
In
the Transfer Petition filed, apart from the others, it is stated that the
petitioner is a resident of Delhi; sufficiently aged; suffering from severe
nephrology problems on his both kidneys and requires dialysis twice in a week;
a case of ischaemic heart disease for the last five years;
operated for severe
double vessel coronary artery disease in Ganga Ram Hospital; operated for
coronary angiography +LV Angio + PTCA of LCX in Saroj Hospital and Heart
Institute. In support of assertion, the petitioner has produced certificates
issued by the competent authorities of the hospitals who have treated him for
his heart ailments and also the certificate of the doctor who is performing
dialysis once in two weeks, who has opined that the petitioner should not take
long journeys outside the city.
1.
2.
3.
The
assertion made by the petitioner is not disputed by the other side and, in our
opinion, cannot also be disputed in the light of the voluminous medical
certificates produced by the petitioner along with the petition docket.
4.
After
perusing the certificates issued by the different hospitals, where the
petitioner had undergone treatment for his heart ailments and also taking into
consideration the certificate issued by the doctor who is performing the
dialysis once in two weeks and has also advised him not to travel a long
distance, we are of the opinion that the petitioner has made out a case for
relief claimed in the petition.
5.
Interest
of justice demands that the case requires to be transferred.
Therefore, we direct
the Judicial Magistrate, First Class, at Ludhiana, Punjab, to transfer the case
to the District Judge, Tis Hazari Courts, Delhi, within a month from the date
of receipt of a copy of this court's order. The transferee court may decide the
case itself or make over the same to a court of competent jurisdiction under it.
The transferor court shall remit the records of the case to the transferee
court soon on communication of copy of our order. We further direct that the
transferee court shall decide the complaint filed by the complainant as
expeditiously as possible at any rate within an outer limit of six months month
from the date of transfer.
1.
2.
3.
4.
5.
6.
The
transfer petition is disposed of accordingly.
.......................................J.
[ TARUN CHATTERJEE ]
.......................................J. [ H.L. DATTU ]
New
Delhi,
January
27, 2009.
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