Criminal Misc. No. M-2720 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-2720 of 2010 Date of Decision: 22.2.2011 Ranjit Singh …Petitioner Versus Kuldeep Sharma …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S. Ahluwalia, Advocate for the petitioner. Mr. Raj Mohan Singh, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 407 Cr.P.C. for transfer of Criminal Complaint No. 645 of 2007 titled as “Kuldeep Sharma v. Ranjit Singh”, wherein the petitioner is facing prosecution under Section 138 of the Negotiable Instruments Act, 1881. A grievance has been made in the present petition that complainant Kuldeep Sharma is a practising Advocate at Bhiwani and yields influence in the Court. He is also a Secretary of the Bar Association, Bhiwani. Therefore, the petitioner is not in a position to engage an eminent counsel to defend his case. It is further submitted that Mr. Vikas Gargi, Advocate, who has been representing the petitioner, is reluctant to cause appearance for the petitioner. Learned counsel for the petitioner submitted that entire evidence of the complainant/respondent stands recorded and thereafter the case has Criminal Misc. No. M-2720 of 2010 2 been fixed for leading defence evidence. Learned counsel for the respondent submits that complainant Kuldeep Sharma is no longer a Secretary of the Bar Association and therefore, grievance of the petitioner that he could not engage an eminent counsel due to his influence, no longer subsists. After hearing learned counsel for the parties, this Court is of the view that reasonable opportunity ought to be provided to the petitioner to defend himself. To be defended by an able counsel is a right of the accused and Courts must ensure fair trial. Since no counsel from Bhiwani is coming forward to defend the petitioner, therefore, it is in the interest of justice that Criminal Complaint No. 645 of 2007 titled as “Kuldeep Sharma v. Ranjit Singh”, pending in the Court of Chief Judicial Magistrate, Bhiwani, is transferred to the Court of Chief Judicial Magistrate, Karnal, within a period of 15 days form the date of receipt of a certified copy of this order. Thereafter, as agreed by learned counsel for the parties, two effective opportunities shall be granted to the petitioner/accused to lead his defence evidence. The Court, to which the case will be transferred, shall conclude the trial within a period of three months from the next date of appearance fixed by this Court. The parties shall appear before the Court of Chief Judicial Magistrate, Karnal, on 30.3.2011. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 22, 2011 “DK”