S.Maha v. M/S.Subha Shree Finance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.11.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.Nos.940 and 941 of 2015 and M.P.Nos.1 & 1 of 2015 S.Maha S/o.Subramani .. Petitioner in both Crl.R.Cs.

vs.

M/s.Subha Shree Finance Corporation, represented by its Power Agent, P.Karthikeyan S/o.Panner Selvam Having office at R.N.R.Arcade 1st Floor, 18/19, Katpadi Road, Vellore, Vellore District.

.. Respondent in both Crl.R.Cs.

Criminal Revisions filed under section 397 and 401 Cr.P.C. against the order of learned Chief Judicial Magistrate, Vellore, passed in Crl.M.P.Nos.111 and 112 of 2015 in C.C.Nos.48 and 49 of 2014 on 22.07.2015.

For Petitioner :

M/s.Karan and Uday C O M M O N O R D E R These revisions arise against the orders of learned Chief Judicial Magistrate, Vellore, passed in Crl.M.P.Nos.111 and 112 of 2015 in C.C.Nos.48 and 49 of 2014 on 22.07.2015.

2. Heard learned counsel for petitioner.

3. Petitioner has filed petitions u/s.410 Cr.P.C. seeking transfer of cases in C.C.Nos.48 and 49 of 2014 on the file of learned Judicial Magistrate, Fast Track Court, Vellore, to the file of learned Judicial Magistrate, Vellore. In dismissing such petitions, the Court below has reasoned that the matters had been referred to Lok Adalat and only upon failure of mediation, the cases again are before Court, that the petitioner has informed of threat at the hands of respondent/complainant but there absolutely was no proof there regards and the petitioner neither preferred a complaint nor informed the date and time of issue of threats. The Court below has also observed that both https://hcservices.ecourts.gov.in/hcservices/

parties are residents of Vellore and conduct of proceedings therein is beneficial to both. This Court finds the orders of Court below well-reasoned ones which do not call for any interference.

These Criminal Revisions stand dismissed. However, considering the submission of learned counsel for petitioner that the petitioner is a lady, faces difficulty in appearing before the Court below on every occasion, this Court would leave it open to the petitioner to move a petition under Section 205 Cr.P.C. The Court below shall deal with the same on merits. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) True Copy Sub Assistant Registrar To The Chief Judicial Magistrate, Vellore.

+1cc to Mr.B.Karan & Uday, Advocate sr.65075 Crl.R.C.No.940 and 941 of 2015 sk[co] srg 22/12/2015 https://hcservices.ecourts.gov.in/hcservices/