Heard learned counsel for the applicant and the learned A.G.A. for opposite parties no. 1 and 2 and perused the record.
Notice to opposite party no. 3 is dispensed with.
This application under section 407 Cr.P.C. has been filed for transfer of Complaint Case No. 4076 of 2010 under section 138 N.I. Act, from the Court of Additional Chief Judicial Magistrate, Court No. V, Hardoi to the competent court of any other District.
The contention of the applicant's counsel is that the transfer of the case has been sought on the ground that the complainant of the said case is a practicing lawyer and he has good relations with the trial Magistrate.
Merely because, the complainant of the case happens to be a practicing lawyer, it can not be accepted as a ground sufficient for transfer of the case as nothing has been alleged against the conduct of the trial Magistrate. Application is, accordingly, dismissed.
Order Date :- 30.6.2010 Rizvi