THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY TRANSFER CRIMINAL PETITION No.289 OF 2010 DATED: 16-12-2010 ORDER: This petition is filed under Section 407 Cr.P.C., seeking transfer of C.C.No.317 of 2009 from the file of the learned Judicial Magistrate of First Class, Rajahmundry to the file of the learned Judicial Magistrate of First Class, Warangal. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent-State. None appeared for the 2nd respondent. Perused the record. 3. 1st respondent filed a complaint before the learned Judicial Magistrate of First Class, Rajahmundry against the petitioner alleging offence under Section 138 of the Negotiable Instruments Act. 4. Learned counsel for the petitioner would submit that the Court at Rajahmundry has no jurisdiction because the cheque was issued at Warangal and a suit for recovery of the amount was filed in O.S.No.478 of 2007 before the learned Principal Senior Civil Judge, Warangal. 5. As seen from the complaint, the cheque was presented for collection by the complainant with his bank- Andhra Bank, Rajahmundry on 30-04-2009 and he received a memo from the banker stating that the cheque was returned unpaid as account closed. Thus, cause of action for filing the complaint did arise at Rajahmundry also. Simply because the petitioner appears to be residing at Warangal, C.C.No.317 of 2009 cannot be transferred from the Court of the learned Judicial Magistrate of First Class, Rajahmundry, which is having jurisdiction to deal with the matter. There are no valid or sufficient grounds for transfer of the case from the Court of competent jurisdiction to some other Court. 6. In the result, Transfer Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 16th December, 2010 Tsy