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Rajkumar Sabu v. M/S Sabu Trade Private Limited

Transfer Petition (Criminal) · 2021 INSC 293Decided 7 May 2021
Transfer Petition (Criminal) No. 17 of 2021
Justice Aniruddha Bose

Background

A family-run business dispute arose after Sabu Trade Private Limited accused Rajkumar Sabu of illegally using their registered trademark "SACHAMOTI" on sago/sabudana products. A criminal complaint was filed in Salem, Tamil Nadu, and the Judicial Magistrate there took cognizance of offences under the IPC and the Trade Marks Act. Rajkumar Sabu asked the Supreme Court to transfer the case from Salem to Delhi, arguing it would be more convenient for him since he lived and conducted business there.

Decision Breakdown

The Court dismissed the transfer petition, holding that mere personal convenience of one party is not a valid ground to transfer a criminal case under Section 406 CrPC: the law requires that transfer be "expedient for the ends of justice." The Court distinguished an earlier case where nearly all witnesses were based far from the trial venue, noting that here the dispute was essentially a commercial fight being litigated in multiple cities of the parties' own choosing, including places away from their main business locations. It also relied on precedent holding that travel inconvenience to a party, complainant, or witness cannot by itself override the law's venue rules.

Lesson Learnt

You cannot get a criminal case transferred out of the court that has jurisdiction simply because another city would be more convenient for you: the law requires a genuine showing that justice demands the move, not just personal ease.

Official source (sci.gov.in)View Judgment (PDF)

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