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Madras High CourtCRL OP/5786/2025dismissed

Sekar v. Velusamy

2025-02-28Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and CRL MP No.3820 of 2025 Sekar Prop. Sri Saravana Hardwares, S/o Ramasamy, 5B, Thiru Nagar, Perambalur Taluk & District.

Petitioner(s) Vs Velusamy S/o. Periyasamy, No.175/2B, Cheva Nilaiyam, Vengatesapuram (South) Perambalur, Perambalur Taluk & District.

Respondent(s) PRAYER: Criminal Original Petition is filed under Section 407 of Cr.P.C.,/447 1/6

of Bharatiya Nagarik Suraksha Sanhita, 2023, to withdraw the case in C.C.No.63 of 2023 on the file of the Judicial Magistrate No.1, Perambalur and transfer the case to any other competent Court at Trichy District. For Petitioner(s):

Mr.N.Desinghu For Respondent(s):

Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition is filed to withdraw the case in C.C.No.63 of 2023 on the file of the Judicial Magistrate No.1, Perambalur and transfer the case to any other competent Court at Trichy District.

2. Today, when the matter was taken for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the respondent filed a complaint before the Judicial Magistrate Court-1, Perambalur against the petitioner for the alleged offence under Section 200 Cr.P.C., and 138 r/w 142 of NI Act, 1881. At the time of cross-examination, the petitioner has filed this petition. However, the petitioner did not make any attempt for transfer of trial and only on account of the fact that the petitioner has not been given enough 2/6

time for cross-examination, the petitioner had filed the present petition.

3. Considering the facts and circumstance of the case, this Court is not inclined to transfer the case to any other competent Court at Trichy. Hence, the Trial Court is directed to complete the trial proceedings, within a period of three

(3) months from the date of receipt of a copy of this order.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 28-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd 3/6

To

1. Judicial Magistrate No.1, Perambalur.

2. The Public Prosecutor, Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN J.

jd CRL OP No. 5786 of 5/6

28-02-2025 6/6