Learned counsel for the applicant is permitted to correct the name of the District-Gorakhpur at the place of District-Siddharth Nagar in the memo of the transfer application.
Heard learned counsel for the applicant and learned AGA and Sri S.S. Tiwari and Sri S.S. Tripathi, learned counsel for the respondent no. 2.
It is contended by learned counsel for the applicant that the applicant has engaged Sri Ashok Kumar Verma, opposite party no. 2 to do the pairvi of his case who is a practicing lawyer of Gorakhpur but the opposite party no. 2 did not do the pairvi of his case fairly and he played a fraud with him. Thereafter he has withdrawn the power from respondent no. 2. The complaint under Section 138 N.I. Act has been filed by opposite party no. 2 in the Court of CJM, Gorakhpur, in which the complainant has been summoned to face the trial. The applicant is the practicing lawyer, he is aged about 69 years. He is fed up with District Siddharth Nagar due to influence of opposite party no. 2 who is an Advocate, practicing at Gorakhpur who is not ready to argue his case. In such circumstances the proceedings of complaint case no. 1820 of 2002 pending in the Court of learned CJM may be transferred to the adjoining District-Basti/Siddharth Nagar. In reply of the contention made by the learned counsel for the opposite party no.2 that the opposite party no. 2 is a practicing lawyer and having a good reputation in the lower court and he has not influenced any lawyer for not going to do the pairvi on behalf of the applicant. The applicant has been summoned to face the trial under Section 138 N.I. Act. There is no good ground for transferring the proceedings of the above mentioned case from Gorakhpur to adjoining District-Basti/Siddharthanagar.
Considering the submission made by learned counsel for the applicant, learned AGA and learned counsel for the opposite party no. 2, it appears that the applicant had engaged his lawyer but subsequently the relation became strain in a complaint under Section 138 N.I. Act has been filed by opposite party no. 2 in which the applicant has been summoned. In such circumstances to meet the ends of justice it requires that the proceedings of the above mentioned case may be transferred from District-Gorakhpur to adjoining District-Basti.
Considering the findings of the parties and also in view of the above discussion, the proceedings of the complaint case no. 1820 of 2002 under Section 138 N.I. Act pending in the court of learned CJM Gorakhpur are hereby transferred to the Court of CJM, Basti.
The learned District Judge/CJM Gorakhpur is directed to transfer the record of the above mentioned case to the Court of learned CJM, Basti.
Accordingly, this application is allowed.
Let a copy of this order may be communicated within a week to learned District Judge, Gorakhpur and Basti for the compliance of the order.
Order Date :- 4.1.2010 prabhat