M/S.Olir Food Products (P) Ltd v. R.Ramachandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2020

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P No.33589 of 2019 and Crl.M.P.No.18520 of 2019

1. M/s.Olir Food Products (P) Ltd., Rep. by Director, Mr.B.Kathiravan, 9/24B, Nathamedu Thottam, SS Kulam, Coimbatore - 641 107.

2. B. Kathiravan

3. B. Jeeva ... Petitioners/Accused Vs.

R. Ramachandran

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 407 of the Code of Criminal Procedure to transfer the complaint filed by the respondent in C.C.No.165 of 2019 pending before the Judicial Magistrate, Sulur, to the learned Judicial Magistrate, Palladam, Coimbatore.

For Petitioners: Mr.R.Vivekananthan For Respondent : Mr.R.Bharath Kumar

O R D E R

The present Criminal Original Petition has been filed seeking a relief to transfer the complaint filed by the respondent in C.C.No.165 of 2019 pending on the file of the learned Judicial Magistrate, Sulur, to the file of the learned Judicial Magistrate, Palladam, Coimbatore.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

3. Both the counsel appearing for the petitioners and the respondent fairly conceded that the respondent namely, R. Ramachandran in this petition filed yet another case against the present petitioners and the same is pending on the file of the learned Judicial Magistrate, Palladam, in S.T.C.No.414 of 2019. https://hcservices.ecourts.gov.in/hcservices/

Further, they admitted if both cases are tried in one Court, it is convenient to the petitioners as well as to the respondent.

4. Having considered the submissions made by either side, though the cause of auction pertains to the two cases are different one, if both the cases are tried simultaneously, it would be helpful to either party to put forth their case in elaborate manner.

5. Considering the facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Sulur, to transfer the case records in C.C.No.165 of 2019 to the file of the learned Judicial Magistrate, Palladam, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the such case records, the learned Judicial Magistrate, Palladam, is directed to try both cases simultaneously and dispose of the same within a period of four months.

With the above direction, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar asi To 1.The Judicial Magistrate, Sulur

2. The Judicial Magistrate, Palladam, Coimbatore +1 CC to Mr.R.Bharath Kumar, Advocate sr 34742. +1 CC to Mr.R.Vivekananthan, Advocate sr 34789. Crl.O.P No.33589 of 2019 and Crl.M.P.No.18520 of 2019 AD(CO) SP(04/11/2020) https://hcservices.ecourts.gov.in/hcservices/