In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-4658 of 2008 ..... Date of decision:24.4.2009 Smt. Bimla alias Vimla Yadav .....Petitioner v. Gabber Singh Suhag .....Respondent .... (2) Criminal Misc. No.M-4659 of 2008 ..... Smt. Bimla alias Vimla Yadav .....Petitioner v. Hukam Singh .....Respondent .... Present: Mr. S.P. Chahar, Advocate for the petitioner. Mr. A.P.S. Sidhu, Advocate for the respondents. ..... S.S. Saron, J. This order will dispose of Criminal Misc. No.M-4658 of 2008 and Criminal Misc. No.M-4659 of 2008 filed by the petitioner Bimla alias Vimla Yadav against Gabber Singh Suhag and his father Hukam Singh respectively. Cr. Misc. No.M-4658/2008 & Cr. Misc. No.M-4659 of 2008 [2] These petitions have been filed under Section 407 read with Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) seeking transfer of the complaint cases attached as Annexure-P.2 in the respective petitions filed by Gabber Singh Suhag and his father Hukam Singh respondents-complainants in the said cases. Both the complainants Gabber Singh Suhag and Hukam Singh have filed criminal complaints (Annexure-P.2) under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (`Act' – for short) inter alia alleging that the petitioner had taken cash loans from the respective respondents for which she gave cheques and on presentation the same were dishonoured. In the criminal complaint filed by Gabber Singh Suhag it is alleged that the petitioner took up a loan of Rs.4.50 lacs vide two different cheques i.e. one cheque dated 9.2.2005 amounting to Rs.3 lacs and another dated 3.10.2005 amounting to Rs.1.50 lacs. The loan that was advanced was with 18% interest. To discharge the liability of the amount of debt, the petitioner-accused issued a cheque dated 14.12.2005 for an amount of Rs.4,90,208/-. The complainant-respondent Gabber Singh Suhag presented the cheque in his bank i.e. Central Bank of India, Branch Kosli on 17.12.2005 for encashment. However, the said cheque was not honoured on account of insufficient funds. The complainant-Gabber Singh received information on 17.12.2005 itself and after issuing legal notice he filed the complaint (Annexure-P.2). In the complaint (Annexure-P.2) filed by Hukam Singh it has been alleged that the petitioner took a cash loan of Rs.6,30,000/- from the complainant on interest @ 18% per annum. Towards the discharge of Cr. Misc. No.M-4658/2008 & Cr. Misc. No.M-4659 of 2008 [3] liability of the amount the accused-petitioner issued a cheque dated 17.11.2005 for an amount of Rs.9,68,625/-. The complainant Hukam Singh presented the said cheque in his bank i.e. Punjab National Bank, Branch Sahalawas on 17.12.2005. However, the cheque was not honoured on 19.12.2005 on account of insufficient funds. On receiving intimation about the dishonour of the cheque Hukam Singh complainant served a legal notice and filed a complaint under Sections 138 and 142 of the Act. The case of the petitioner is that she is an old woman and living alone. There is no one to look after her or to protect her from anti-social elements. The main dispute, it is stated, is with Hukam Singh, Ex-MLA (respondent No.1 in Criminal Misc. No.M-4659 of 2008), Ram Mehar and Gabber Singh (respondent No.1 in Criminal Misc. No.M-4658 of 2008). The complaints (Annexure-P.2) have been filed by the respective respondents in the two petitions. They are even threatening to kill the petitioner and she fears risk to her life as they have exploited her sexually, mentally, and economically. In the year 2002, a retail outlet dealership of petrol pump of the Indian Oil Corporation Limited was allotted to the petitioner. After some time Hukam Singh, Ex-MLA (respondent No.1 in Criminal Misc. No.M-4659 of 2008) and Ram Mehar came to know about the retail outlet dealership allotted to the petitioner. They devised illegal means to get hold of the petrol pump which was allotted to the petitioner. Therefore, with a mala fide intention Hukam Singh, Ex-MLA and Ram Mehar started helping the petitioner in her affairs. They gained her trust and when they saw that the petitioner was a lone woman and she trusted them then they took the petitioner to the residence of Hukam Singh and Cr. Misc. No.M-4658/2008 & Cr. Misc. No.M-4659 of 2008 [4] gave her a severe beating. Then they kept a gun on her temple and asked her to sign some blank papers. The petitioner was threatened that if she shouted then they would kill her. Thereafter, rape is said to have been committed by Hukam Singh, Ex-MLA and Ram Mehar. Thereafter, they never let the petitioner to go out of their house and whenever she was to attend a family function of some of her relatives then one of them would accompany her. Therefore, the petitioner was not able to say a word even to anyone. It is alleged that Hukam Singh, Ex-MLA and Ram Mehar many times raped her against her wishes and had sexually exploited her. They had got complete control over the property of the petitioner and she could go no where. On the complaint of the petitioner FIR No.11 dated 18.1.2006 for the offences under Sections 406, 420, 342, 467, 468, 471 and 34 Indian Penal Code (`IPC' – for short) was registered at Police Station Bahadurgarh, District Jhajjar against Hukam Singh, Ex MLA and his son Gabber Singh (respondent No.1 in Criminal Misc. No.M-4658 of 2008). However, it is submitted that the case for the offences under Sections 376(2) (g), 506/34 IPC was not registered as in the report after the inquiry conducted it was found that the offences under the said sections were committed at Kosli so the case be registered there. It is submitted that the petitioner even approached this Court by way of Criminal Misc. No.M- 20405 of 2006 and when notice of motion was issued, case FIR No.74 dated 25.5.2006 was registered at Police Station, Kosli, District Rewari for the offences under Sections 376(2)(g), 342, 506 and 34 IPC. Now the present complaint (Annexure-P.2) has been filed by the respective respondents with due deliberations to pressurize the petitioner to withdraw the above Cr. Misc. No.M-4658/2008 & Cr. Misc. No.M-4659 of 2008 [5] mentioned criminal cases against Hukam Singh, Ex-MLA, Ram Mehar and Gabber Singh. It is stated that whenever the petitioner goes to the learned Court to attend the proceedings of the Court, the above mentioned persons threaten her with dire consequences and if they get a chance that they would eliminate her. It is further stated that this Court had vide order dated 17.7.2006 (Annexure-P.1) directed to provide adequate protection to the petitioner. However, the Police at Kosli is not taking any step in that regard and the petitioner has to go to the Court at Kosli on her own. Due to fear and threats the petitioner apprehends that she would not get a fair and free atmosphere to attend proceedings in the learned Court at Kosli. Therefore, it is prayed that the proceedings in the complaint case (Annexure-P.2) be transferred from the Court at Kosli to the Court at Rewari or at Jhajjar. Learned counsel for the petitioner has submitted that keeping in view the eminent threat to the petitioner, the proceedings in the complaint cases (Annexure-P.2) may be transferred to a Court outside Kosli. In response, learned counsel for the complainants-respondents, has submitted that the apprehensions of the petitioner from Hukam Singh, Ex-MLA, Ram Mehar and Gabber Singh are without any basis. It is submitted that except for mere bald allegations nothing has been shown that the complainants-respondents would, in any manner, harm the petitioner. The complainants-respondents, in fact, are pursuing their cases on account of the default committed by the petitioner in not honouring her cheques for the amounts that were given by her. The petitioner gave a cheque for an amount of Rs.4,90,208/- to Gabber Singh Suhag. Besides, she gave a cheque of Rs.9,68,625/- to Hukam Singh. The said cheques were given by Cr. Misc. No.M-4658/2008 & Cr. Misc. No.M-4659 of 2008 [6] the petitioner towards discharge of her liability. However, on presentation the same were dishonoured on account of insufficient funds which led to the filing of the complaints (Annexure-P.2) by the complainants Gabber Singh Suhag and Hukam Singh who are pursuing their legal claims. Therefore, the petitions are liable to be dismissed. I have given my thoughtful consideration to the matter. A perusal of the petitions show that the allegations that have been made are against Hukam Singh, Ex-MLA, Ram Mehar and Gabber Singh. It has merely been alleged that the complaints have been filed by the complainants-respondents so as to pressurize her to withdraw the criminal cases that have been filed by the petitioner. However, indeed nothing has been shown as to how the complainants-respondents are pressuring the petitioner to withdraw her complaint against them. Therefore, the apprehension expressed by the petitioner against the complainants- respondents are without any basis and even otherwise except for the bald assertion of the petitioner there is no material on record to show that the respondents are, in any manner, pressurizing the petitioner to withdraw her complaints. Therefore, on mere bald and unsubstantiated allegations the cases which have been validly filed in accordance with the law and which are being pursued by the complainants-respondents are not liable to be transferred. In case the petitioner indeed has a grievance against the respondents and they are pressurizing her, she may pursue her remedies against them in accordance with law. Besides, in case she has not been provided necessary police help by the Police of Kosli which was ordered by this Court vide order dated 17.7.2006 (Annexure-P.1), the petitioner may Cr. Misc. No.M-4658/2008 & Cr. Misc. No.M-4659 of 2008 [7] avail her necessary remedy for enforcement of the order. However, in the facts and circumstances, of the present case no ground for transfer of the cases (Annexure-P.2) are made out. The criminal miscellaneous petitions are accordingly dismissed. April 24, 2009. (S.S. Saron) Judge *hsp*