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TMI Blog2021 (5) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... by Rajkumar Sabu (the petitioner). According to the respondents, such use is illegal and unauthorised. The Respondents claim proprietary right over the said trade mark. The complaint was instituted on 22nd May, 2017. The Judicial Magistrate, Salem (Salem Court in short), had required the police authorities to conduct a thorough enquiry with regard to genuineness of the private complaint and a report was filed by the concerned Inspector of Police. The case was registered as CC No. 82/2018 on 5th April, 2018. The Judicial Magistrate took cognizance of the alleged offences under Sections 420 of the Indian Penal Code and 103 of the Trade Marks Act, 1999 and issued summons to the petitioner. The proceeding before the Court at Salem was instituted by the respondents represented by their Managing Director, Gopal Sabu. 2. Allegations were primarily directed against the petitioner in the complaint. But another individual, Shiv Narayan Sabu was also implicated in the proceeding before the Salem Court. The Transfer Petition, however, has been brought by Raj Kumar Sabu alone. Subsequently, an application for intervention has been filed by said Shiv Narayan Sabu. He supports the petitioner's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the District Court of Indore, but this suit had been rejected on 16th November, 2016. There was also a suit by the respondents in the High Court at Calcutta, registered as C.S. No. 195 of 2016. Proceedings in this suit however was initially stayed in view of pendency of the suit in Delhi High Court and subsequently this Court had directed the respondents to withdraw this suit. Both the petitioner and the respondents had filed two transfer petitions in this Court before the present one. These two transfer petitions were registered as being T.P.(C)No. 1320 of 2018 (instituted by the Petitioner) and T.P.(C)No. 1676 of 2017 (that of the respondent) for transferring the opponent's suits to the Courts in which the respective parties had filed their suits. These transfer petitions were heard together by this Court and in a common order passed on 18th July, 2018, a Bench comprising of three Hon'ble Judges of this Court was pleased to direct:- "(i) OS No. 148 of 2016, titled as Sabu Trade Pvt. Ltd. v. Rajkumar Sabu & Anr., pending before the District Court, Salem, be transferred to the Delhi High Court for adjudication along with CS (COMM) No. 761 of 2016, titled as Mr. Rajkumar Sabu v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, learned Senior Advocate. One is that the points involved in the criminal case are similar to the suits which are being tried and determined by the Delhi High Court. The other ground taken is that the proceeding in the Salem Court is being conducted in Tamil, which the petitioner does not understand. It has also been urged on behalf of the petitioner that it would be more convenient for the parties to conduct the proceeding in New Delhi as the civil suits are being heard in the Delhi High Court only. The petitioner also complains about distance of over 2000 kilometres between Salem and petitioner's own place of residence at Indore and alleges that there is no direct connectivity between these two places. The authorities relied upon by the petitioner are (i) Sri Jayendra Saraswathy Swamigal (II), T.N. vs. State of Tamil Nadu & Ors. [(2005) 8 SCC 771] and Mrudul M. Damle & Anr. vs. Central Bureau of Investigation, New Delhi [(2012) 5 SCC 706]. It is also asserted on behalf of the petitioner that the respondents have influence in Salem and he has apprehension that he would not get impartial enquiry/investigation/trial at Salem. 6. Mr. Gopal Sankarnarayan, learned Senior Advocate ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termination in this Transfer Petition. Moreover, it does not appear that earlier any complaint was made about the proceeding being carried on at Salem. In fact, the petitioner had applied for quashing the complaint before the Madras High Court but at that point of time, no proceeding was taken out for transferring the criminal complaint. Moreover, on 8th June 2018, the petitioner had appeared before the Salem Court and received copy of the criminal complaint. This has been stated in the list of dates forming part of the Transfer Petition. At that point of time, the two earlier Transfer Petitions were pending. Those two petitions were disposed of on 18th July 2018. The petitioner does not appear to have had expressed their grievances on the basis of which this petition has been filed at that point of time. Barring claims being made by the petitioner of the respondents being influential person in Salem, no material has been produced to demonstrate that such perceived influence can impair a neutral trial. These allegations, inter-alia, appear in an additional affidavit filed on behalf of the petitioner affirmed on 26th February, 2021. The claims of the petitioner do not match the leve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase. This was broadly the ratio in the case of Gurcharan Dass Chadha (supra). In my opinion if a Court hearing a case possesses the jurisdiction to proceed with the same, solely based on the fact that one of the parties to that case is unable to follow the language of that Court would not warrant exercise of jurisdiction of this Court under Section 406 of the 1973 Code. Records reveal that aid of translator is available in the Salem Court, which could overcome this difficulty. If required, the petitioner may take the aid of interpreter also, as may be available. 10. The petitioner's plea for transfer is based primarily on convenience. But convenience of one of the parties cannot be a ground for allowing his application. Transfer of a criminal case under Section 406 of the 1973 Code can be directed when such transfer would be "expedient for the ends of justice". This expression entails factors beyond mere convenience of the parties or one of them in conducting a case before a Court having jurisdiction to hear the case. The parties are related, and are essentially fighting commercial litigations filed in multiple jurisdictions. While instituting civil suits, both the parties had cho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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