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Madras High CourtCRL OP/21576/2023closed

T.Lawrence Gnanadurai v. K.Ganeshkumar

2023-09-29Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2023

CORAM

THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN.,J Crl.O.P.No.21576 of 2023 and Crl MP No.14877 of 2023 T.Lawrence Gnanadurai ..Petitioner/Accused -VsK.Ganesh Kumar ... Respondent/complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to withdraw and transfer the calendar case in CC No.89 of 2022 on the file of Special Judicial Magistrate Court (Fast Track), at Thiruvannamalai. For Petitioner : Mr.K.Rajendiran

ORDER

This Criminal Original Petition has been filed to withdraw and transfer the calendar case in CC No.89 of 2022 on the file of Special Judicial Magistrate Court (Fast Track), at Thiruvannamalai.

2. The petitioner is facing trial before the Court below for offence under Section 138 and 142 of the Negotiable Instruments Act in CC No.89 of 2022 before the learned Judicial Magistrate, Fast Track at Thiruvannamalai. The case is at the stage of cross-examination of witnesses on the side of prosecution. The petitioner is now seeking for transfer of case pending on the

file of Special Judicial Magistrate Court (Fast Track), at Thiruvannamalai to any other Court at Chennai on the ground of Medical ailments. 3.

The learned counsel for the petitioner submitted that the petitioner is suffered with permanent knee pain and the doctor advised him not to travel for a long distance and therefore, sought for transfer of the case. 4.

Heard Mr.K.Rajendiran, learned counsel for the petitioner and carefully perused the materials available on record. 5.

Taking into consideration the facts and circumstances of the case and also of the fact that the case is pending at the stage of cross examination of witnesses, I am unable to appreciate the said contention raised by the learned counsel for the petitioner and it is left open to the petitioner to file necessary application before the Court below and work out his remedy. 6.

This Criminal Original Petition is accordingly closed. Consequently, the connected miscellaneous petition is closed. 29.09.2023 rka Index : Yes/No Internet : Yes/No

To

1. Special Judicial Magistrate Court (Fast Track), at Thiruvannamalai.

2. The Public Prosecutor, High Court, Madras.

RMT.TEEKAA RAMAN.,J rka Crl.O.P.No.21576 of 2023 29.09.2023