Madras High CourtCRL OP(MD)/1483/2015dismissed

M.K.Brigit Prakash v. Global Bio Crop

2018-10-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.1483 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 M.K.Bright Prakash Managing Director, Omega Bio Crop Science, Vadapalani, Chennai.

..Petitioner Vs.

Global Bio Cro, rep. by its Proprietor A.Joseph John Raja, 28/1C North Bye Pass Road, Melakarai, Thachanallur, Thirunelveli District.

..Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to transfer the case in C.C.No.33 of 2014 on the file of the Judicial Magistrate, Valliyoor to V Metropolitan Magistrate, Egmore, Chennai.

For Petitioner : Mr.K.Neelamegam

O R D E R

This petition is filed for transfer of the case in C.C.No.33 of 2014 on the file of the Judicial Magistrate, Valliyoor to V Metropolitan Magistrate, Egmore, Chennai.

2.The learned counsel appearing for the petitioner contended that the cheque was drawn within the jurisdiction of V metropolitan Magistrate, Egmore, Chennai. Further, he would contend that the Distributor Agreement dated 22.08.2013 entered between the petitioner and the complainant was executed at Chennai. Therefore, the entire jurisdiction falls within the jurisdiction of V Metropolitan Magistrate, Egmore, Chennai.

3.Now, the decision is changed in view of the judgment of the Hon'ble Supreme Court of India. The present complaint has been filed, where the cheque was presented by the respondent/complainant. https://hcservices.ecourts.gov.in/hcservices/

Therefore, the respondent/complainant has jurisdiction to file the complaint before the Judicial Magistrate, Valliyoor. 4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate, Valliyoor.

2.The Chief Judicial Magistrate, Tirunelveli. Copy To:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) Arul DS RP SAR4 06 12 2018 2P 5C Crl.O.P.(MD).No.1483 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 12.10.2018 https://hcservices.ecourts.gov.in/hcservices/