P.N.S.Srinivas v. S.Madhusudhan Reddy

HON'BLE SRI JUSTICE P. KESHAVA RAO CRIMINAL REVISION CASE No.2137 of 2014 ORDER:

There is no representation on behalf of the petitioner. As a matter of fact, on 15.12.2014 and 21.08.2018, there was no representation on behalf of the petitioner. Therefore, the matter is posted to today under the caption "for dismissal". Even today also, there is no representation.

The present revision case is filed questioning the order dated 19.09.2014 in Crl.M.P.No.2194 of 2014 in C.C.No.360 of 2014 on the file of the First Special Magistrate, Hyderabad at Erramanzil, rejecting the request of the petitioner to return the complaint.

The facts in brief are that the petitioner is an accused for the offence punishable under Section 138 of the Negotiable Instruments Act. After the trial is commenced and when the matter is coming up for cross-examination of PW.1, the petitioner filed Crl.M.P.No.2194 of 2014 seeking return of the complaint on the ground of territorial jurisdiction. The said petition has been dismissed by the Court below on the ground that the matter cannot be returned at that stage. Though the matter is filed before this Court in the month of October, 2014, the petitioner has not shown any interest to argue the same till date. Be that as it may, when the petitioner has already participated in the proceedings and allowed the same to continue till the stage of cross-

examination of PW.1, at that stage, he is not entitled to file a petition of this nature to transfer the complaint to another Court on the alleged ground of territorial jurisdiction. The Court below also rightly rejected the petition filed by the petitioner. Therefore, this Court does not find any irregularity or illegality in the order impugned in the present revision case.

Accordingly, the criminal revision case is dismissed. Miscellaneous petitions, if any, shall also stand dismissed.

_____________________ P. KESHAVA RAO, J Date: 24.08.2018.

ES