Madras High CourtCRL OP/6096/2015disposed of

Sivasandhar v. Easwaran

2015-03-09Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2015

CORAM

THE HON'BLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.No.6096 of 2015 and M.P.Nos.1 and 2 of 2015 Sivasandhar S/o.K.R.Kandasamy

...Petitioner/ A2

vs.

Easwaran S/o.Kandasamy Gounder

...Respondent/Complainant

Criminal Original Petition filed under Section 407 of the Criminal Procedure Code praying to withdraw the complaint filed by the respondent herein in S.T.C.No.130 of 2013 pending on the file of learned Judicial Magistrate I, Dindigul and transfer the same to learned Judicial Magistrate I, Gobichettipalayam. For Petitioner :

Mr.R.Nalliyappan

O R D E R

This petition is filed by the second accused in S.T.C.No.130 of 2013 on the file of learned Judicial Magistrate I, Dindigul, to transfer the said case to learned Judicial Magistrate I, Gobichettipalayam, stating that the impugned cheque was drawn on State Bank of India, Gobichettipalaym and therefore, as per the judgment of the Supreme Court the case has to be presented within the jurisdiction of the Bank which issued the cheque.

2. Heard learned counsel for petitioner.

3. According to me, the petitioner can approach the learned Judicial Magistrate I, Dindigul and file an application https://hcservices.ecourts.gov.in/hcservices/

quoting the Supreme Court judgment for returning the papers for presentation before the appropriate Court or to forward the case to the learned Judicial Magistrate who has got jurisdiction having regard to the Bank which issued the cheque.

This Criminal Original Petition is closed with the above observation and the petitioner is granted liberty to approach the learned Judicial Magistrate I, Dindigul and sought for transfer on the basis of the Supreme Court judgment. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gm To

1. The Judicial Magistrate I, Dindigul.

2. -Do- Through The Chief Judicial Magistrate, Dindigul.

3. The Judicial Magistrate I, Gobichettipalayam.

4. -Do- Through The Chief Judicial Magistrate, Erode.

1 CC to Mr.R.Nalliyappan, Advocate SR.No. 13458 Crl.O.P.No.6096 of 2015 SV (CO) PSI (20.03.2015) https://hcservices.ecourts.gov.in/hcservices/