1988 P Cr (PLP)

Hassan Ahmad Khan Kanwar for Petitioners. Khawaja Nazir- Ahmad Khan and M.E. Hayat Khan for Respondents. Date of hearing: 31st May, 1971. This is an application under section 526, Cr.P.C. by Malik Adil and Muhammad Azhar for the transfer of the complaint under section 420, P.P.C. entitled "Said Muhammad son of Faiz Ahmad, Timber Merchant, resident of Fatima Khel Kalan, P.S. Saddar Bannu, v. Muhammad Azad, Government Contractor, Chaklala Road, near Chah Sultan, Rawalpindi (2) Malik Muhammad Adil and (3) Muhammad Azhar, son of Muhammad Adil, Government Contractors, near C.D.A. Medical Centre, B-Block, Satellite Town, Rawalpindi, pending in the Court' of Magistrate 1st Class, Bannu.

2. The facts of the case are that Said Muhammad lodged a complaint and alleged that Muhammad Azad accused-respondent is a Government Contractor and is acquainted with the complainant, that Muhammad Azad usually comes to Bannu in connection with timber purchase and puts up with the complainant at Bannu, that on 20-4-1970, Muhammad Azad alongwith Muhammad Adil and Muhammad Azhar, the alleged partners of Muhammad Azad, came to Bannu City and stayed with the complainant. that on 21-4-1970 the accused purchased timber worth Rs.24,000 through the complainant and that for this timber Muhammad Azad issued a post-dated Cheque No. CWA-103612, dated 27-4-1970 for Rs.6,000 and another post-dated Cheque No. CWA-10361'2, dated 10-5-1970 for Rs.18,000 liable to be cashed at the Standard Bank, Rawalpindi, that the petitioner went to Rawalpindi and produced the first cheque on 27-4-1970 at the Standard Bank, Rawalpindi but it was returned unpaid on the ground, "payment stopped by the drawer". Then again the other cheque was produced on 12-5-1970 at the Standard Bank, Rawalpindi, but this was also returned unpaid on the carne ground, "payment stopped by the drawer." The original two cheques and slips issued by the Standard Bank have been enclosed with the complaint. It was further alleged in the complaint that later on the three accused refused to pay the amount of the two cheques and, therefore, the complainant lodged the complaint. The three accused respondents of the complaint are residents of Rawalpindi. The witness with regard to the stopping of 'the payment at the Standard Bank, Rawalpindi will obviously be the employees of the Standard Bank, Rawalpindi. The complainant has shown his permanent residence at Fatima Khel Kalan Bannu. He may produce some witnesses from Bannu with regard to the transaction of sale of timber. Subsection (1)(d) of section 526, Cr.P.C. provides: -- "(1) Whenever it is made to appear to the High Court:- (a) ............................................................ (b) ............................................................ (c) ............................................................ (d) that an order under this section will tend to the general convenience of the parties or witnesses." the High Court may order that the case be transferred from a criminal Court subordinate to its authority to any other such criminal Court of equal or superior jurisdiction. Keeping these provisions in view, I am of the opinion that the trial of the present complaint case at Peshawar will tend to the general convenience of the parties and, witnesses. I, therefore, order that this complaint be transferred from' the Court of Magistrate 1st Class Bannu and sent to the Court of District Magistrate, Peshawar, who will entrust it to a Court of Magistrate competent to try the offence at Peshawar. S.G.D./598/P Case transferred.