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Madras High CourtCRL OP(MD)/4578/2019disposed of

Sumathi, W/O.Marimuthu, v. Ramesh

2019-03-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4578 of 2019 and Crl.M.P.(MD)Nos.2809 and 2810 of 2019 Sumathi : Petitioner/Accused Vs.

Ramesh : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the case in S.T.C.No.31 of 2015 on the file of the learned Fast Track Court at Magistrate Level, Pattukkottai to the Court of learned Judicial Magistrate at Pudukkottai or any other competent Court.

For Petitioner : Mr.A.Banumathy

ORDER

The present petition is filed seeking transfer of trial in STC No.31 of 2015, wherein the trial is underway before the Fast Track Court, Pattukottai.

2. The offence is one under Section 138 of Negotiable Instruments Act and the petitioner is arrayed as accused.

3. The learned counsel for the petitioner submitted that the petitioner resides in Pudukottai, which is about seventy kilometers away from Pattukottai and being a lady she finds difficult to travel the distance.

4. Though the trial of a criminal case involvs a degree of inconvenience to parties, mere distance involved in travel cannot be a guiding factor in all circumstances for considering the prayer for transfer, if there is a possibility of minimizing such inconvenience.

5. This Court therefore directs the trial Court to frame a time schedule for trial, and minimize the number of postings on which the petitioner may have to appear before the trial Court. This apart, the petitioner is also dispensed from appearing unless the trial Court requires her presence, but subject to the statement made herein above.

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6. With the above direction, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (cs-II) // True Copy // Sub Assistant Registrar(CS) To The Fast Track Court at Magistrate Level, Pattukkottai +1cc to Mr.A.Banumathy,Advocate, SR.No.57063 Crl.O.P.[MD]No.4578 of 2019 27.03.2019 SP/30.04.2019/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/