Heard learned counsel for the applicant and the learned AGA for the State.
The present 482 Cr.P.C. application has been filed for transferring the Complaint Case No. 4575 of 2009 (Kodak Mahindra Bank Limited Kanpur Nagar v Kishor Chand Sharma) pending before the Additional Chief Metropolitan Magistrate, Kanpur Nagar to Ghaziabad.
It is contended that the loan was taken at Delhi and that the applicant is a resident of Ghaziabad and to harass the applicant, the aforesaid complaint has been filed at Kanpur Nagar by getting the cheque dishonoured from the Bank at Kanpur. It is contended that the aforesaid proceedings should be transferred to Ghaziabad from Kanpur Nagar.
Learned AGA states that the applicant has an alternative remedy by moving an application before the Additional Chief Metropolitan Magistrate, Kanpur Nagar for redressal of his grievance and that the present application is misconceived.
Learned counsel for the applicant could not point out any ground which may warrant the transfer of the aforesaid proceedings. As he has an alternative remedy, as referred to above, the instant application is dismissed. The applicant may move an appropriate application before the concerned Magistrate, if he is so advised.
Order Date :- 28.1.2010 shailesh