Shahul Hamed, Aged 67 Years, v. Mohan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.28623 of 2017 AND Crl.MP.Nos.16210 & 16211 of 2017 Shahul Hamed ...

Petitioner Vs Mohan ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to withdraw the case in S.T.C.No.1169 of 2017 on the file of Judicial Magistrate No-I, Mannargudi and transfer the same to the file of Metropolitan Magistrate FTC-I, Egmore, Chennai.

For Petitioner : Mr.S.Arumugam

ORDER

This petition has been filed to transfer the case in S.T.C.No.1169 of 2017 from the file of Judicial Magistrate Court No-I, Mannargudi to the file of Metropolitan Magistrate, FTCI, Egmore, Chennai.

2. For the sake of convenience, the parties will be referred to as the complainant and the accused. The accused is facing a prosecution S.T.C.No.1169 of 2017 before the Judicial Magistrate No-I, Mannargudi for an offence under Section 138 of Negotiable Instruments Act that has been initiated by Mohan (Complainant). It is the case of the accused that when he went to Mannargudi, he was abducted by Mohan and was threatened, for which, a case in Mannargudi Town Police Station Crime No. 759 of 2017 has been registered on 11.10.2017 under Sections 386 and 502 of IPC against Mohan and Manivannan. Under such circumstances the accused is before this Court for transferring the case in S.T.C.No.1169 of 2017.

3. Heard the learned counsel for the accused and learned counsel for the complainant.

4.Learned counsel for the accused reiterated the grounds. 5.Per contra, learned counsel for the complainant refuted the contentions.

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6. It is true that on the complaint given by the accused, a case in Crime No.759 of 2017 has been registered by the Mannargudi Town Police Station against Mohan and Manivannan. Under such circumstances, this Court is of the view that interest of justice will be served, if the prosecution that has been initiated by Mohan in STC.No.1169 of 2017 is transferred out of Mannargudi.

7. Accordingly, this Court directs the transfer of S.T.C.No.1169 of 2017, on the file of Judicial Magistrate No-I, Mannargudi to the file of Judicial Magistrate-I, Thiruvarur, within a period of two weeks from the date of receipt of a copy of this order. Mohan/complainant and Shahul Hamed/accused are directed to appear before the Judicial Magistrate No.I, Thiruvarur on 23.07.2018 at 10.30 a.m.

8. On appearance, Shahul Hamed shall execute a bound for a sum of Rs.10,000/- under Section 88 of Cr.P.C., in the event of Shahul Hamed absconding, a fresh FIR has been registered against him under Section 229-A of IPC. The Judicial Magistrate No.I, Thiruvarur, is directed to complete the trial within six months from the date of receipt of the records from Judicial Magistrate No-I, Mannargudi.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No-I, Mannargudi.

2.The Metropolitan Magistrate, FTC-I, Egmore, Chennai.

+1cc to Mr.S.Arumugam, Advocate, S.R.No.38057 +1cc to Mr.Swami Subramanian, Advocate, S.R.No.36950 Crl.O.P.No.28623 of 2017 GSP(02/07/2018) https://hcservices.ecourts.gov.in/hcservices/