The Supreme Court today refused to transfer the criminal appeal pending against Margadarsi Chit Fund Private Limited (MCFPL) before the Andhra Pradesh High Court to Telangana High Court.
During the hearing, the bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan asked the petitioner’s counsel why they want to transfer the case arising in Andhra Pradesh to Telangana.
Representing the Chit Fund Company, Senior Advocate Siddharth Luthra said that the transfer of the criminal appeals is necessitated as the cause of action arising for the registration of cases arises out of Telangana.
He further added that similar issues related to quashing of the FIRs were pending before the Telangana High Court, therefore the matters pending before the Andhra Pradesh High Court should also be transferred over there. Justice Oka told Advocate Luthra that he can always file an application for the stay of the appeals before the Andhra Pradesh High Court.
The top court noted that there is no reason to pass an order of transfer. It observed that an apprehension is expressed that the appeals may be decided even before the petitions filed by the petitioners for quashing FIR which are pending before the Telangana High Court are decided. If so, the petitioner can always apply for appropriate interim relief in the pending appeal, it continued.
The court added that if the application is made on the ground of pendency of the petition for quashing in Telangana High Court, the High Court will decide the same in accordance with law after opportunity is given of being to the contesting respondents.
The case before the Andhra Pradesh High Court involved appeals challenging the district court’s decision to return the charge sheet on the ground that there is no default alleged or shown over there. The Special Court had refused to take cognizance of the offence alleged by the Chit Fund Company, citing the lack of material default under the AP Protection of Depositors Financial Establishment Act, 1999.