Madras High CourtCRL OP(MD)/4089/2020disposed of

R.Abirami v. G.R.Credit

2020-03-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4089 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4089 of 2020 and Crl.M.P.(MD)No.2259 of 2020 R.Abirami ... Petitioner/Accused Vs.

G.R.Credit Rep by it Managing Partner G.Ravisankar, S/o.Ganapathy, No.84, Aarthi Towers, 2nd Floor, Vaiyapuri Nagar, Karur Town, Karur District.

... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct an order for the withdrawal of the pending proceedings of the S.T.No.451 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court, Karur may be transferred to the learned Chief Judicial Magistrate, Madurai within reasonable time that may be fixed by this Court.

For Petitioner : Mr.A.B.Natarajan

O R D E R

Heard the learned counsel appearing for the petitioner. 2.The petitioner is facing trial in S.T.C.No.451 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court, Karur. It is a case arising under Section 138 of Negotiable Instruments Act.

3.The petitioner's counsel reiterated the contentions set out in the memorandum of grounds. He would point out that the petitioner is a nursing student and that it is very difficult for her to attend the hearings. The transfer is sought for only on this ground.

4.I am afraid that the grounds projected by the petitioner are not sufficient to grant the relief sought for. However, her concerns can be effectively addressed by dispensing with her https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4089 of 2020 appearance. Accordingly the petitioner is permitted to file a petition under Section 205 of Cr.P.C., before the Court below. The learned Magistrate shall allow the application filed by the petitioner under Section 205 of Cr.P.C., The petitioner will be called upon to attend only for the purpose of examination under Section 313 of Cr.P.C. She of course has to be present when the judgement is pronounced. On all other occasions, she can be represented by her counsel who will be given special vakalat. 5.With these directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS ) ias To:

The Judicial Magistrate, Fast Track Court, Karur.

+1 CC to Mr.A.B.NATARAJAN, Advocate ( SR-10393[F] dated 06/03/2020 ) Crl.O.P(MD)No.4089 of 2020 06.03.2020 MK (18.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2