Court No. - 50
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 153 of 2018 Applicant :- Vikas Agarwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Sharma Counsel for Opposite Party :- G.A.,Deepak Kumar Jaiswal
Hon'ble Harsh Kumar,J.
List revised.
Sri Ramesh Chandra Sharma, learned counsel for the applicant is present. No one is present for opposite party no.2.
Illness has been marked on behalf of Sri Deepak Kumar Jaiswal, learned counsel for opposite party no.2, but there is no illness slip. Hence the illness so marked is not accepted and is rejected accordingly.
Heard Sri Ramesh Chandra Sharma, learned counsel for the applicant, learned AGA for the State and perused the record.
The transfer application has been moved for setting aside the impugned order dated 23.3.2018 passed by District and Sessions Judge, Allahabad in Criminal Misc. Transfer Application No.72 of 2018 (Vikash Agarwal Vs. Ms. Shakshi Corporation), Complaint Case No.399 of 2006, under section 138 N.I. Act P.S. Kydganj, Allahabad as well as for transferring the aforesaid complaint case from the Court of Special Judge, (N.I. Act) Ist, Allahabad to any other (N.I. Act) Court, Allahabad.
No counter affidavit has been filed by or on behalf of opposite party no.2 to controvert the allegations made in affidavit given in support of transfer application and there is no reason to disbelieve the allegations so made in the affidavit given in support of transfer application.
Upon considering the allegations made in affidavit given in support of transfer application as well as supplementary affidavit, I find that if the case is transferred from the Court of Special Judge, (N.I. Act) Ist, Allahabad to the Court of Special Judge, (N.I. Act) -IInd, Allahabad, no prejudice is likely to be caused to opposite party no.2.
In view of discussions made above, the transfer application is liable to be allowed.
The transfer application is allowed. The Complaint Case No.399 of 2006, under section 138 N.I. Act P.S. Kydganj, Allahabad pending in the Court of Special Judge, (N.I. Act) Ist, Allahabad is transferred to the Court of Special Judge, (N.I. Act) -IInd, Allahabad, for expeditious disposal in accordance with law.
Let a copy of this order be sent to District and Sessions Judge, Allahabad for ascertaining necessary compliance.
Order Date :- 31.5.2018 Tamang