THE HON’BLE SRI JUSTICE RAJA ELANGO TRANSFER CRIMINAL PETITION No.91 of 2011 ORDER: Petitioner approached this Court with a prayer to transfer C.C.No.748 of 2008 from the file of the Judicial Magistrate of First Class, Nandyal, wherein he is facing trial for the offence punishable under Section 138 of Negotiable Instruments Act, to any other competent Court at Kurnool. Learned counsel for the petitioner submitted that at Nandyal, there is threat to the life of the petitioner herein in the hands of the 1st respondent herein and other creditors. He also submitted that the 1st respondent and other creditors are trying to kidnap and kill the petitioner, for which the petitioner lodged a complaint before the concerned police. Admittedly, the petitioner herein has already approached the Sessions Judge, Kurnool, and filed Crl.M.P.No.1691 of 2010 seeking the prayer as sought for in this petition. But, by order dated 25.02.2011, the learned Sessions Judge dismissed the said Crl.M.P.No.1691 of 2010 on the ground that the petitioner is native of Nandyal and he filed the petition only to drag on the matter for some more time. Taking into consideration of the aforesaid circumstances, this Court is of the view that there is no need to transfer C.C.No.748 of 2008 from the file of the Judicial Magistrate of First Class, Nandyal to any other competent court at Kurnool. In any event, since the question of identity of the accused does not arise in this matter, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned Magistrate insists for the same and the petitioner shall be properly represented by his counsel. Accordingly, this transfer criminal petition is disposed of. Miscellaneous petitions filed in this transfer criminal petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 06.04.2011 v v