IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 17.3.2008. CORAM THE HON'BLE MR.JUSTICE M.JEYAPAUL Crl.R.C.No.308 of 2008 and M.P.No.1 of 2008 Mrs.Rani Muthu Petitioner/Respondent /Complainant vs. P.Rajkumar Respondent / Petitioner / Accused Criminal Revision Case filed under sections 397 and 401 Cr.P.C. seeking to call for the records and set aside the order passed by the learned Chief Judicial Magistrate, Coimbatore in Crl.M.P.No.1303 of 2007 dated 13.2.2008 transferring the case in C.C.No.204 of 2005 on the file of the learned Judicial Magistrate I, Udumalpet to the file of the Judicial Magistrate, Palladam. For petitioner : Mr.R.Sankarasubbu for N.Kannan ORDER The criminal revision case is filed challenging the order of transfer passed by the learned Chief Judicial Magistrate, Coimbatore in Crl.M.P.No.1303 of 2007 transferring the case in C.C.No.204 of 2005 on the file of the learned Judicial Magistrate I, Udumalpet to the court of the learned Judicial Magistrate, Palladam. 2. The petitioner is the complainant in a case under section 138 of the Negotiable Instruments Act. The respondent, who is the accused in the said case faced the trial and the case has reached the stage of arguments after examining one defence witness on the side of the respondent. 3. At this stage, the respondent filed an application invoking the provision under section 410 of the Code of Criminal Procedure seeking transfer of the case in C.C.No.204 of 2005 pending on the file of the learned Judicial Magistrate, Udumalpet to any other court of competent jurisdiction. The reason assigned by the respondent is that he faced threat to his life at the hands of the petitioner herein. Therefore, the respondent has sought for transfer on the said ground. 4. The petitioner has contended in the aforesaid petition that https://hcservices.ecourts.gov.in/hcservices/ there was virtually no threat to the respondent emanated from the petitioner. It was also submitted by the petitioner that the respondent had attended about 62 hearings before the Trial Court. There was no complaint from the respondent during those hearings that the petitioner wielded threat to the life of the respondent. With the above counter version, the petitioner has sought for dismissal of the petition seeking transfer filed by the respondent. 5. The learned Chief Judicial Magistrate, Coimbatore, having been convinced with the submissions made on the side of the respondent that there was a threat from the side of the petitioner to the respondent, chose to transfer the case to the file of the learned Judicial Magistrate, Palladam. 6. The aforesaid order is under challenge before this court. 7. The court heard the submissions made on the side of the petitioner. Inspite of the fact that the name of the respondent was printed in the cause list after due service, there was no representation on the side of the respondent. 8. The only point that arises for consideration in this Criminal Revision Case is whether the respondent has come out with substantial material to show that there was some potential threat emanated from the respondent during the course of trial of the case under section 138 of the Negotiable Instruments Act launched by the petitioner as against the respondent. 9. The Supreme Court in PARMINDER KAUR v. STATE OF U.P. (2007 CRI.L.J. 1997) has observed in a similar situation as follows:- " 18. The first ground urged by the learned counsel for the petitioner is that if the petitioner has to go to Rampur to attend the proceedings in the Court of Chief Judicial Magistrate, her safety would be in danger or she apprehends physical harm to her from respondent No.2 or anti-social elements. In our view, this is too nebulous a ground for transferring the cases from the Court of Chief Judicial Magistrate, Rampur, to the Court of competent jurisdiction at Delhi or Chandigarh. The petitioner has not substantiated her apprehension of threat or bodily harm or intimidation from respondent No.2 or other anti-social elements as alleged by her. She has been going to Rampur in the past and attended the Court proceedings before Magistrate and Collector but no untoward incident was ever brought to the notice of the police or the Chief Judicial Magistrate by her against respondent No.2 If the petitioner fears any sort of threat to her life, she can report the matter https://hcservices.ecourts.gov.in/hcservices/ to the police or the Court who, in its turn, can after considering the needs of the situation, pass orders according to law including appropriate directions for police protection." 10. Mere allegation that there was some threat emanated from the other side in a petition seeking transfer is not sufficient to transfer the case during the pendency of trial. The petitioner, who seeks transfer on the ground of potential threat from the other side shall substantiate his or her apprehension of threat of bodily harm or intimidation from the other side. The court cannot simply forget the fact that the respondent, without any demur or allegation of such threat, attended 62 hearings before the learned Judicial Magistrate I, Udumalpet. It is found that the learned Chief Judicial Magistrate, Coimbatore, without seeking for any materials to substantiate the mere apprehension in the mind of the respondent, has simply transferred the present case to the file of the learned Judicial Magistrate, Palladam at the stage when the case was posted for arguments. The learned Chief Judicial Magistrate, Coimbatore has erred in entertaining the petition without any substantial material to back up the plea of transfer made by the respondent. 11. Therefore, the order passed by the learned Chief Judicial Magistrate, Coimbatore in Crl.M.P.No.1303 of 2007 stands set aside and the criminal revision case is allowed. The connected Miscellaneous Petition is closed. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar ssk. To 1. The Chief Judicial Magistrate, Coimbatore. 2. Judicial Magistrate I, Udumalpet. 3. The Judicial Magistrate, Palladam. +1 cc to Mr.N.Kannan, Advocate, SR.No.14835. Bv (Co) krd / 25.03.08 Crl.R.C.No.308/2008 https://hcservices.ecourts.gov.in/hcservices/