IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU TR.CRIMINAL PETITION No.215 of 2009 DATE:29.07.2010 Between: Shaik Altaf Ali …… Petitioner And: The State of Andhra Pradesh rep. by Public Prosecutor and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU TR.CRIMINAL PETITION No.215 of 2009 ORDER : The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.1104 of 2009 on the file of Special Judicial Magistrate of the First Class for Excise offences, Visakhapatnam. The 2nd respondent namely Kapil Chit Funds Private Limited has got branch at Anantapur. The petitioner subscribed for two chits and is said to have become defaulter. Therefore, the 2nd respondent presented the cheque at Visakhapatnam for encashment of the same and it was dishonoured. The petitioner had drawn the said cheque on Syndicate Bank, Anantapur. It is stated that the 2nd respondent filed civil suit for recovery of amounts covered by the alleged defaulted chit amount in Anantapur. It is evident that filing of the case under Section 138 of the Negotiable Instruments Act by the 2nd respondent against the petitioner at Visakhapatnam is with a view to cause loss to the petitioner who is a resident of Anantapur. Since the 2nd respondent has got branch at Anantapur also, the case can be looked after by their branch people at Anantapur. Therefore, I find that in the interest of justice, it is expedient to transfer the case from Visakhapatnam to Anantapur. 2) In the result, the petition is allowed transferring C.C. No.1104 of 2009 from the Court of Special Judicial Magistrate of the First Class for excise offences, Visakhapatnam to the Court of Special Judicial Magistrate of the First Class for excise offences, Anantapur. _______________________________ SAMUDRALA GOVINDARAJULU, J July 29, 2010 KSH