Lakshmi Ramani v. Geethamahendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.8460 of 2024 Lakshmi Ramani ... Petitioner Vs.

Geetha Mahendran Proprietor of Shivasankar Agencies Rep by its Power of Attorney Mr.R.Sampath ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to withdraw the STC.No.607 of 2023 on the file of the Judicial Magistrate, Fast Track Court, Poonamalle and transfer the same to the Metropolitan Magistrate Court, Fast Track-III, Saidapet for joint trial with STC.No3639 of 2023, STC.No.3698 of 2023 and STC.No.3699 of 2023.

For Petitioner : Mr.C.Balasundar For Respondent : Mr.B.Gowthamarajan 1/5

O R D E R

The petitioner herein is the accused in four cases arising under Section 138 of Negotiable Instruments Act, seeks for transfer of the case from the Judicial Magistrate, Fast Track Court, Poonammalle to Metropolitan Magistrate Court (Fast Track Court-III), Saidapet, Chennai, where three other cases are pending, in short complaints in S.TC.Nos.3639, 3698 and 3699 of 2023 are pending on the file of the Metropolitan Magistrate Court (Fast Track Court-III), Saidapet, Chennai, whereas complaint in STC.No.607 of 2023 is pending on the file of the Judicial Magistrate Court (Fast Track Court), Poonammalle.

2. It is contending that the petitioner is 74 years old lady and in all the cases the complainant are represented by their agent Ranganathan and also the Office of the complainant is situated at Saidapet, Chennai pleads that if the case in Poonamalle Court is transferred, it will be convenient for both the complainant as well as the petitioner.

3. The learned counsel for the complainant submits that based on the jurisdiction, the complaint was presented before the Judicial Magistrate, Poonamalle and taken cognizance. Therefore, they need not be any transfer of case. The learned counsel further submitted that the 2/5

accused petitioner for the past seven hearings had not attended the Court either at Poonamalle or Saidapet and delaying the process unnecessarily.

4. In response to that, the learned counsel for the petitioner states that the petitioner was bed ridden for quite some time and therefore, she was not able to attend the court, but, in future, she will attend the Court and cooperate with the speedy disposal of the trial.

5. In the light of the above facts, the petition to transfer STC.607 of 2023 on the file of Judicial Magistrate (Fast Track Court), Poonamalle shall stands transferred to Metropolitan Magistrate Court (Fast Tract Court-III), Saidapet, Chennai. The learned Metropolitan Magistrate is directed to complete the trial within a period of four months. The petitioner shall not delay the trial unnecessarily and shall cooperate with the speedy disposal of the case.

6. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed. Vv 28.06.2024 To 3/5

1. The Judicial Magistrate, Fast Track Court, Poonamalle

2. The Metropolitan Magistrate Court, Fast Track-III, Saidapet

3. The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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