Central Excise v. State

1. By the present transfer petitions, the petitioner seeks transfer of two complaint cases, which are pending against respondents no.2 to 5, from Saket Courts to Patiala House Courts.

2. Notice. Learned counsel for the State accepts notice.

3. Learned counsel for the petitioner submits that more than six complaints were pending against respondents no.2 to 5 under Section 138 of the Negotiable Instruments Act at Patliala House Courts. Counsel further submits that subsequently two complaints stand transferred to the Court of Metropolitan Magistrate, Saket Courts. Counsel, thus, prays that the aforesaid two complaints be transferred from Saket Courts to Patiala House Courts where the remaining complaints against the same respondents are pending. 2013:DHC:8216 r Counsel also submits that no useful purpose will be achieved by issuing notice to respondents no.2 to 5 as proceedings to declare them Proclaimed Offenders have already been initiated by the Court at Saket. Counsel also contends that citation has not been published and a suitable amendment will be made after an appropriate application is filed before the concerned Court in the proclamation, in case the Court permits transferofthese complaints.

4. I have heard learned counsel for the parties. Having regard to the fact that four complaints against the respondents no.2 to 5 are being tried by the Metropolitan Magistrate, Patila House Courts, present petitions are allowed. The complaints, subject matter of present transfer petitions, are transferred from Saket Courts to the concerned Court at Patiala House, New Delhi. The proclamation shall give details of the Court at Patiala House so that no prejudice is caused to respondents no.2 to 5.

5. Petitions stand disposed of. ^'""^^.S.SISTANI, J OCTOBER 07, 2013 msr