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SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     19 September 2012

Transfer of criminal case

A cheque case under NI 138 is pending for cross since evidence affidavit is filed.

The lower court rejected application for copies of complaint and other documents of the complaint on the argument that the stage is gone.

The court is also just dismissing other applications such as time to go for revision .

So whether at this stage transfer can be applied u/s 191 prior to any application to sessions judge for transfer.


 1 Replies

kumar sachin (lawyer)     19 September 2012

as far as going for revision is concern, you dont need permission from the court for the same, 

it is your choice

as far as filing of transfer is concern, it can b filed at any stage

but you will have to give a solid, logical ground for seeking transfer

merely tht u r not getting favourable orders from the court is not sufficient cause for seeking transfer

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