HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU TR.CRIMINAL PETITION NO.218 OF 2009 DATE:29.07.2010 Between: Shk. Fyzullah Baig …… Petitioner. And: Sri Venkateswara Jewellery Centre, rep. by its Proprietor, Visakhapatnam and another …..Respondents. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU TR.CRIMINAL PETITION NO.218 OF 2009 ORDER: 1. The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.968 of 2009 on the file of I Additional Chief Metropolitan Magistrate Court, Visakhapatnam. He seeks transfer of that case from Visakhapatnam to Nellore. The petitioner is a resident of Nellore. It is contended that previously, the 1st respondent/complainant along with another gave report to I Town Police Station, Visakhapatnam and it was registered as case in Crime No.299 of 2008 for offences punishable under Sections 120-B, 406 and 420 IPC. The petitioner filed Insolvency Proceedings in Nellore court. It is alleged that Visakhapatnam Police abducted him on 11.12.2008 and he was wrongfully detained in I Town Police Station, Visakhapatnam till 19.12.2008, during which time several cheques and promissory notes were forcibly obtained from him apart from obtaining gold jewellery. It is contention of the petitioner that using one of the cheques and promotes, the 1st respondent filed the private complaint in the lower court. The petitioner contends that if he goes to Visakhapatnam for attending this case, he has got life threat. For the said contention, there is absolutely no factual basis. Till now nobody attempted on his life. Truth or otherwise of the story put forth by the petitioner with regard to his alleged abduction and alleged extraction of cheques and promissory notes from him is a question which has to be decided by the lower court while disposing of the pending case. Simply because in the belated reply given by the accused, such story was put forward, it cannot be said that there is any basis in the said allegations. Admittedly no notice was issued either to the police or to the complainant or Appala Venkata Ranga Rao making the said allegation, immediately after 19.12.2008 when he was released from alleged illegal detention. The said story cannot be a ground for transferring this case from Visakhapatnam to Nellore. It is evident that this petition is filed with a view to harass the 1st respondent/complainant. 2. Hence, the criminal petition is dismissed. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:29.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU TR.CRIMINAL PETITION NO.218 OF 2009 Date:29.07.2010 Gk.