P&H: Refuses to Transfer NI Act Complaint Cases, As no cogent material showing actual bias or reasonable likelihood of denial of a fair trial

punjab-haryana
⚖️ Order Date: 14 Aug 2026
Headnotes

(i) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.407,482 — Dishonour of Cheque — Transfer of complaint — Mere fact that accused had earlier given up witness and subsequently sought his examination again, and that Trial Court permitted same, cannot by itself be...

(ii) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.407,482 — Dishonour of Cheque — Transfer of complaint — Disallowing of certain questions during cross-examination of witness cannot, by itself, constitute ground for transfer of entire case — Witness was cross-examined and grievance regarding...

(iii) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.407,482 — Dishonour of Cheque — Transfer of complaint — Dissatisfaction with certain interlocutory orders passed during trial cannot be made basis for transferring case from one competent Court to another — If petitioner was...


Facts of the Case

P&H: Refuses to Transfer NI Act Complaint Cases, As no cogent material showing actual bias or reasonable likelihood of denial of a fair trial

The Punjab and Haryana High Court has declined to transfer two complaint cases under Section 138 of the Negotiable Instruments Act, holding that a party’s dissatisfaction with certain trial orders is not enough to show bias or a lack of fairness.

The petition was filed by Keshav Kumar, who sought transfer of two pending cheque dishonour complaints from the court of the Judicial Magistrate First Class, Chandigarh. He argued that he had developed a reasonable apprehension that he would not get a fair and impartial trial.

His grievance arose from proceedings involving a defence witness, Gurpreet Singh, DSP, who was...

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