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Madras High CourtCRL OP/8246/2017dismissed

Q.Nuhman ,Aged 42 Yrs, v. Caravel Logistics Pvt Ltd,

2021-12-20Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.8246 of 2017 and CRL.M.P.No.5927 of 2017 Q.Nuhman

...Petitioner

Vs.

1. Caravel Logistics Private Limited Rep by Ms.N.Dhanya, Manager-Legal "Pantheon Plaza"

484, Pentheon Road, Egmore, Chennai-600 008.

2. Naushie Exports No.55, New street, Kottar, Nagercoil-629 002.

3. Q.Luqman

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to set aside the order dated 31.01.2017 in Crl.M.P.No.4880/2016 in C.C.No.6038 of 2012 pending on the file of the Fast Track Court No.1, Egmore at Allikulam.

For Petitioner : Mr.C.Rajan For Respondents : Mr.T.V.Suresh Kumar for M/s.Genicon & Associates for R1

ORDER

This petition has been filed to set aside the order dated 31.01.2017 in Crl.M.P.No.4880 of 2016 in C.C.No.6038 of 2012 rejecting the contention of the accused to transfer the case on the point of jurisdiction.

2. Learned counsel for the petitioner submitted that despite the notice of intimation sent to the petitioner, he has not received any instructions from him to proceed the matter. The copy of the notice of intimation sent to the petitioner is also placed before this Court.

https://hcservices.ecourts.gov.in/hcservices/

3. It is well settled principle that, after the Negotiable Instruments (Amendment) Act, 2015, the Court within whose jurisdiction the complainant's bank is situated will have the jurisdiction to try the offence where the cheque is presented for payment

4. In such view of the matter, the petition filed to transfer the case on the point of jurisdiction is nothing but to prolong the proceedings. Accordingly, this Criminal Original Petition is dismissed with a direction to the Trial Court to dispose of the main case within a period of three(3) months from the date of receipt of a copy of this order. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar msv/nr To The Fast Track Court No.1, Egmore at Allikulam.

Crl. O.P. No.8246 of 2017 and CRL.M.P.No.5927 of 2017 PM (CO) PR (20/01/2022) https://hcservices.ecourts.gov.in/hcservices/