Madras High CourtCRL OP/1372/2024disposed of

K.Nagamuthu v. P.Amirthalingam

2024-03-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Nagamuthu S/o.Kuppusamy ... Petitioner Vs.

1.P.Amirthalingam 2.Sri Aarthi Furniture 28, Soundhara Ammal Street, Karaikal Town, Puducherry (UT).

... Respondents Prayer: Criminal Original Petition filed under Section 407 of the Code of Criminal Procedure praying to transfer the above complaint in S.T.C.No.561 of 2022 on the file of District Munsif cum Judicial Magistrate, Tharangambadi, Nagapattinam District to Judicial Magistrate Court, Karaikal.

For Petitioner : Mr.R.Thamaraiselvan ***** 1/4

O R D E R

This criminal original petition has been filed seeking for transfer of the complaint in S.T.C.No.561 of 2022 on the file of District Munsif cum Judicial Magistrate, Tharangambadi, Nagapattinam District to the file of Judicial Magistrate Court, Karaikal.

2. Heard Mr.R.Thamaraiselvan, learned counsel for petitioner.

3. The petitioner had filed the complaint before the learned Judicial Magistrate, Tharangambadi, based on his residence. However, the petitioner now wants the case to be heard before the learned Judicial Magistrate, Karaikal on the ground that the cheque was presented in the bank at Karaikal. That apart, the respondents/accused are also living in Karaikal.

4. The case is now at the stage of cross-examination of PW-1. Considering the convenience of both the parties, the proceedings in S.T.C.No.561 of 2022 on the file of District Munsif cum Judicial Magistrate, Tharangambadi, Nagapattinam District, is withdrawn and 2/4

transferred to the file of Judicial Magistrate I, Karaikal. The case papers shall be transmitted immediately to the Judicial Magistrate I, Karaikal and on receipt of the same, a new number shall be assigned to the case and the proceedings shall be completed within a period of three (3) months thereafter.

In the result, this Criminal Original Petition is disposed of with the above direction.

04.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The District Munsif cum Judicial Magistrate, Tharangambadi, Nagapattinam District.

2.The Judicial Magistrate Court, Karaikal.

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N.ANAND VENKATESH, J gm 04.03.2024.

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