Madras High CourtCRL OP/24015/2025disposed of

P.S.Loganathan v. P.Selvaraj

2025-09-15Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.No.16425 of 2025 P.S.Loganathan ... Petitioner Vs.

P.Selvaraj ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to set aside the order dated 29.07.2025 in Transfer Crl.M.P.No.1136 of 2025 on the file of Chief Judicial Magistrate, Salem. For Petitioner : Mr.K.Selvaraj For Respondent : Mr.A.Sathiya Prakash

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 29.07.2025 passed in Transfer Crl.M.P.No.1136 of 2025 on the file of Chief Judicial Magistrate, Salem and to transfer the cheque complaint in 1/4

S.T.C.No.718 of 2022 from the file of District Munsif cum Judicial Magistrate, Valapady to Judicial Magistrate No.1, Salem.

2. According to the learned counsel for the petitioner, against the very same petitioner two other complaints have been filed by the respondent before the Judicial Magistrate No.1, Salem which are pending in STC No.6738 of 2023 and STC No.4965 of 2023. But the present complaint in S.T.C.No.718 of 2022 has been filed before the District Munsif cum Judicial Magistrate, Valapady. Hence, he seeks for transfer.

3. It is seen that the dispute between the parties is arising out of the part of one transaction and based on three different cheques, the proceedings have been initiated before two different Courts. Therefore, this Court is of the view that the entire proceedings should be conducted all together in a same Court.

4. Accordingly, the complaint in S.T.C.No.718 of 2022 on the file of District Munsif cum Judicial Magistrate, Valapady is ordered to be transferred to Judicial Magistrate No.1, Salem.

5. The learned District Munsif cum Judicial Magistrate, Valapady is directed to transfer all the case records to the learned Judicial Magistrate No.1, Salem. On such transfer, the learned Judicial Magistrate No.1, Salem is directed to expedite the trial.

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6. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 15.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The Chief Judicial Magistrate, Salem.

2. The Judicial Magistrate No.1, Salem.

3. The District Munsif cum Judicial Magistrate, Valapady 3/4

N. SATHISH KUMAR , J.

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