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Madras High CourtCRL OP/28524/2018allowed

R.Madhusudhanan v. Santhosh Kumar Jalan

2019-01-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.28524, 28526, 28527, 28529 and 28531 of 2018 R.Madhusudhanan ... Petitioner/Accused in all Crl.O.Ps Vs.

Santhosh Kumar Jalan ... Respondent/Complainant in all Crl.O.Ps PRAYER in all Crl.O.Ps: Criminal Original Petition filed under Section 407 of the Cr.P.C., to transfer C.C.Nos.3748, 9446, 3744, 3745 and 3746 of 2017 respectively on the file of the X Metropolitan Magistrate, FTC-II, Allikulam, Egmore to Metropolitan Magistrate, FTC-IV, George Town, Chennai. For Petitioner (in all Crl.O.Ps) : Mr.I.Abrar Md Abdullah For Respondent (in all Crl.O.Ps) : Mr.V.S.R.Hanu Babu Koka C O M M O N O R D E R These petitions have been filed seeking to transfer the proceedings which are pending on the file of the X Metropolitan Magistrate, FTC-II, Allikulam, Egmore to the Metropolitan Magistrate, FTC-IV, George Town, Chennai.

2. All these cases pertains to initiation of proceedings under Section 138 of the Negotiable Instruments Act by the respondent against the petitioner. There were totally ten cases between the parties. Out of which, five cases are already pending before the Fast Track Court-IV, George Town, Chennai. Therefore, these petitions have been filed to transfer the remaining five cases also to the file of the Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai.

3. It is seen from the records that the dispute in all these cases is between the same parties and already five other complaints between the same parties are pending before the https://hcservices.ecourts.gov.in/hcservices/

Fast Track Court-IV, George Town, Chennai. Therefore, no prejudice would be caused to any of the parties if these complaints are also transferred from the file of the Fast Track Court-II, Allikulam, Egmore, to the file of the Fast Track Court-IV, George Town, Chennai.

4. These Criminal Original Petitions are disposed of with a direction to the X Metropolitan Magistrate, Fast Track Court-II, Allikulam, Egmore, to immediately transfer all the cases in C.C.Nos.3748, 9446, 3744, 3745 and 3746 of 2017 respectively to the file of the Fast Track Court-IV, George Town, Chennai. Immediately on receipt of the case papers, the Fast Track Court-IV, George Town, Chennai, shall re-number the same and complete the proceedings within a period of three months thereafter.

5. Accordingly, these Criminal Original Petitions are allowed with the above direction.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kal/ssr To

1. The X Metropolitan Magistrate, FTC-II, Allikulam, Egmore, Chennai.

2. The Metropolitan Magistrate, FTC-IV, George Town, Chennai.

3. The Public Prosecutor, High Court, Madras.

+5 Ccs to Mr.V.S.R.Hanu Babu Koka, Advocate sr 800 to 804. +1 CC to Mr.I.Abrar Md Abdullah, Advocate sr 779 Crl.O.P.Nos.28524, 28526, 28527, 28529 and 28531 of 2018 JP(CO) SP(08/01/2019) https://hcservices.ecourts.gov.in/hcservices/