Dhanavanthan v. Ravi Chettiyar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4669 of 2023 and Crl.M.P.No. 2912 of 2023 Dhanavanthan ....

Petitioner Vs Ravi Chettiyar ....

Respondent Prayer: Criminal Original Petition is filed under Section 407(2) of the Code of Criminal Procedure, to transfer the C.C.No.149 of 2019 pending before the Judicial Magistrate, Madurantagam to any other Magistrate Court in Chengalpattu Sessions Court Jurisdiction. For Petitioner : Mr.A.N.Rajan For Respondent : Mr.G.Mageshkumar

ORDER

This Criminal Original Petition has been filed for transfer of trial in C.C.No.149 of 2019 from the file of the Judicial Magistrate, Madurantakam, to the file of any other Magistrate Court within Chengalpattu Sessions Court Jurisdiction.

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2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen that the petitioner is an accused in the complaint lodged by the respondent for the offence under Section 138 of the Negotiable Instruments Act. When the matter is posted for arguments, the petitioner filed this petition seeking transfer of the case, that too within the Chenglapattu District. The petitioner, without even approaching the Principal District and Sessions Court for a transfer, directly approached this Court seeking transfer of trial in C.C.No.149 of 2019, which is pending on the file of the Judicial Magistrate, Madurantakam, within the Chengalpattu District.

4. That apart, this Court finds no ground to transfer C.C.No.149 of 2019 from the file of the Judicial Magistrate, Madurantakam, to any other Magistrate Court. This petition has been filed only to stall the entire proceedings, as the Trial Court is expected to dispose of the main case.

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5. In view of the above, this Criminal Original Petition stands dismissed. However, the Trial Court is directed to complete the trial within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 04.02.2025 Lpp Index:Yes/No Internet:Yes/No To The Judicial Magistrate, Madurantakam.

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G.K.ILANTHIRAIYAN,J.

Lpp CRL.O.P.No.4669 of 2023 04.02.2025 4/4