Authority: Supreme Court of India, Criminal Original Jurisdiction (Bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe)
Order Date: 20 July 2026
Case Overview
- Petitioners: Lemon Futermal Jain filed two criminal transfer petitions under Section 406 of the Code of Criminal Procedure, 1973 (Transfer Petition No. 643/2022 and No. 658/2022).
- Respondents: NeoGrowth Credit Pvt. Ltd. (and others) in the first petition; Magma Fincorp Limited (and others) in the second petition; both sets of respondents are alleged to be parties to complaints filed by M/s Tarun Polymers.
- Original jurisdiction:
- Complaint Case No. CS/31818/21 titled "NeoGrowth Credit Pvt. Ltd. vs. M/s Tarun Polymers" pending before the Court of Metropolitan Magistrate, 7th Court, Calcutta.
- Complaint Case No. CS/62987/19 titled "Magma Fincorp Limited vs. M/s Tarun Polymers & Ors." pending before the Court of Metropolitan Magistrate, 8th Court, Calcutta.
- No appearance was made by any respondent despite due service of notice.
- The Court considered the grounds raised in the transfer petitions and, relying on the principles laid down in Golla Naraesh Kumar Yadav etc. vs. Kotak Mahindra Bank (2025 INSC 1387), found merit in transferring the cases.
Final Outcome
- The transfer petitions are allowed. Both complaint cases are ordered to be transferred to the District Court Complex, District Thane, Maharashtra.
- The record of each case shall be transferred without delay, and a copy of this order shall be sent to the concerned court for compliance.
- Any pending applications, if any, are stood disposed of.
Topics: Transfer of Criminal Cases, Supreme Court Order