R.Tamilselvi v. The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR R.Tamilselvi ..Petitioner Vs The Deputy Superintendent of Police, District Crime Branch, (DCB), Namakkal.
..Respondent To withdraw and transfer the case in CC.No.130 of 2025 on the file of Judicial Magistrate, Tiruchengode, Namakkal District, to any other Judicial Magistrate Court, Coimbatore.
For Petitioner :
Mr.C.Prakasam For Respondent :
Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor
ORDER
The petitioner had lodged a complaint and a case in Crime No.26 of 2019. Upon completion of investigation, a charge sheet was filed on 31.07.2024 against five accused.
2. The case of the prosecution is that the petitioner, a resident of Hudco Colony, Nethaji Nagar, Coimbatore City, had joined an unregistered chit fund conducted by A5 in the name of "Friends of Finance" at Thiruchengode. The
chit was for a sum of Rs.6,00,000/-, with members contributing Rs.30,000/- per month for 20 months. The petitioner subscribed to the chit, paid the installments, and was declared successful bidder at the third installment. She received the chit amount, after submitting two unsigned cheques. Though she paid all installments, A5 failed to return the cheques. Subsequently, A1, a relative of the petitioner, developed enmity over civil disputes, obtained the cheques from A5, and with A2's assistance fabricated documents. Using Cheque no.011205, a document was created as if the petitioner borrowed Rs.19,00,000/- on 12.11.2016 in favour of A3, and using Cheque No.011206, another document was created as if she borrowed Rs.16,00,000/- on 19.05.2015 in favour of A4. Based on these cheques, proceedings under Section 138 of the negotiable Instruments Act were initiated. Hence, the complaint was lodged. After investigation, charge sheet was filed listing seven witnesses.
3. The contention of the petitioner is that being a resident of Coimbatore, she has to travel to Thiruchengode, Namakkal District, and fear physical assault by the accused, who are rowdy elements.
4. Learned Additional Public Prosecutor submits that all seven witnesses are hail from Thiruchengode and no complaint of threat has been received from the defacto complainant. The respondent police undertake to provide adequate protection to enable the petitioner to depose freely.
5. Finding that sufficient protection would be afforded, the ground for transfer is not accepted. Accordingly, the petition is dismissed.
6. Considering that the dispute has been pending since 2019, nearly seven years, the trial court is directed to complete the trial within six months from the date of receipt of a copy of this order.
20-04-2026 nl Index: Yes/No Speaking/Non-speaking order To
1. The Deputy Superintendent of Police, District Crime Branch, (DCB), Namakkal.
2. The Public Prosecutor, High Court of Madras
M.NIRMAL KUMAR, J.
nl 20-04-2026