IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-25614 of 2009 (O&M) Date of decision : 11.9. 2009 Surinder Singh ....Petitioner Versus Maninder Singh ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.S.S.Siao, Advocate for the petitioner. ..... MAHESH GROVER, J. This is a petition under Section 407 of the Code of Criminal Procedure praying for transfer of complaint DCE No.11-07 titled as 'Surinder Singh v. Maninder Singh Gill, Advocate from the court of Judicial Magistrate, Chandigarh to any other court of competent jurisdiction. The only ground which has been taken for transfer of proceedings out of the court where the same are pending is that the court while dealing with the matter had made efforts to get the matter compromised. The proceedings in this case are under the provisions of Section 138 of the Negotiable Instruments Act. After hearing the learned counsel for the parties and on perusing the averments made in the petition, I am of the opinion that Crl.Misc.No.M-25614 of 2009 (O&M) -2- the petition is totally frivolous. The perception of the petitioner is equally baseless. The court while dealing with certain matters is always swayed by human compassion and tries to make endeavour to get the matters settled in the interest of the justice. If it does so, it does not imply that it is favouring a particular person/party. The endeavour of getting a matter settled inter se between the parties is very essential for judicial dispensation of justice. The court cannot be seen to be partisan in such an exercise. Having regard to the facts and the nature of the petition including the pleadings which have been made therein the court is of the considered opinion that the person levelling allegation of bias upon the court should be burdened with heavy costs in view of the observations made in M.Y.Shareef and another v. Hon'ble Judges of the Nagpur High Court and others, AIR 1955 SC 19 and followed in Radha Mohan Lal v. Rajasthan High Court (Jaipur Bench) (2003)3 SCC 427, M.B.Sanghi, Advocate v. High Court of Punjab and Haryana & others (1991)3 SCC 600 and Shamsher Singh Bedi v. High Court of Punjab and Haryana (1996) 7 SCC 99. However, in the given set of circumstances the court is restraining its hand in imposing any cost on the counsel for the petitioner but the petitioner is burdened with costs of Rs.10,000/-. At this stage, learned counsel for the petitioner prays for permission to withdraw the present petition. Permitted to do so. Dismissed as withdrawn. 11.9.2009 (MAHESH GROVER) JUDGE dss