Srinagar: Holding that criminal proceedings cannot be transferred on the basis of vague allegations or unsupported claims of inconvenience, the High Court of Jammu & Kashmir and Ladakh has dismissed a petition seeking transfer of a cheque bounce case from Srinagar to Jammu.
The court observed that the petitioner had failed to establish any genuine threat or hardship and appeared to have invoked the transfer jurisdiction only to avoid payment of the cheque amount and prolong the trial.
Justice Sanjay Dhar passed the order while dismissing a petition filed by Sonaullah Dar, who had sought transfer of a complaint under Section 138 of the Negotiable Instruments Act pending before the Judicial Magistrate, 1st Class (City Munsiff), Srinagar, to a competent court at Jammu.
The petitioner claimed that he had migrated to Jammu after being targeted by militants in the early 1990s due to his political affiliation with the Congress party. He contended that his medical condition made it difficult for him to undertake frequent travel to Srinagar.
He also alleged harassment by the trial court and its clerk and claimed that he had been assaulted by the complainant.
The respondent did not appear despite service of notice.
Counsel for the petitioner argued that “the petitioner is a registered migrant who shifted to Jammu after being targeted by militants. Owing to his health condition and the continuing threat perception, it is difficult for him to attend the proceedings at Srinagar.”
It was further contended, “he is being harassed by the trial court and its clerk and was even thrashed by the complainant.”
Rejecting these submissions, the High Court observed that the security situation in Kashmir had undergone a drastic transformation since the 1990s and that the petitioner’s claim of a continuing threat was improbable.
The court also found that the trial court record, including the petitioner’s statement, personal bond and Aadhaar card, consistently reflected his residential address in Beerwah, Kashmir, contradicting his claim of residing in Jammu.
The court further held that the allegations of harassment were unsupported by any particulars. It noted that the petitioner had already pleaded guilty before the trial court and was being directed to liquidate the cheque amount.
According to the court, the transfer petition appeared to have been filed only to avoid payment and delay the proceedings.
Finding no merit in the plea, the High Court dismissed the transfer petition and vacated the interim order staying the proceedings.
