THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CRIMINAL PETITION No. 49 OF 2009 ORDER: 1. This Transfer Criminal Petition is filed under Section 407 Cr.P.C. to transfer C.C. No. 797 of 2006 on the file of the X Chief Metropolitan Magistrate, Secunderabad to the file of the Judicial Magistrate of First Class, Araku Valley, Visakhapatnam district, on the ground that the petitioner is unable to travel long distance because of sustaining injuries in an accident about 10 years ago. 2. The petitioner filed a Certificate issued by a Doctor to the effect that he was advised not to go on long journey. The case is registered for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and pending for the last 4 years. Three years after the service of summons, the present application is filed to drag on the proceedings. About 10 years back, he allegedly sustained some injuries in an accident. They might have been cured long back. The ailment now stated cannot disable a person to travel a long distance. 3. Even assuming for a moment that the petitioner was suffering from some ailment, but, that cannot be a ground to transfer the case in view of the fact that is the case is transferred from Secunderabad to Araku Valley, it causes inconvenience to the complainant and its witnesses. 4. Balance of convenience is the prime criterion for effecting transfer of a case from one court to another. The convenience must relate to both parties. The complainant as well as witnesses are residents of Secunderabad. If the case is transferred to Araku valley, it may be convenience to the petitioner/accused. But, certainly, it would cause inconvenience to the complainant and witnesses. So, for the convenience of the petitioner alone, the case cannot be transferred as prayed for. If the petitioner is unable to travel, he can as well make use of the provisions of the Code of Criminal Procedure, 1973. Therefore, there are no grounds to transfer the case as prayed for. 5. The Transfer Criminal Petition is devoid of merit and is, accordingly, dismissed. ---------------- 22.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CRIMINAL PETITION No. 49 OF 2009 Date: 30.7.2010 Between: K.Rowthu …Petitioner And Mahindra & Mahindra Financial Services Ltd., & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CRIMINAL PETITION No. 49 OF 2009 30.7.2010