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Madras High CourtCRL OP(MD)/6366/2015dismissed

R.Thangaraj v. R.Sadayappan

2018-10-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.6366 of 2015 and MP(MD).No.1 of 2015 R.Thangaraj

...Petitioner/Accused

Vs R.Sadayappan

...Respondent/Complainant

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to withdraw the C.C.No.625 of 2012 from the file of the learned Judicial Magistrate, Ottanchathiram, Dindigul District and transfer the same to the Court of the learned Judicial Magistrate No.I, Kancheepuram, Kancheepuram District.

For Petitioner : Mr.P.Mahendran

O R D E R

This criminal original petition has been filed to withdraw the C.C.No.625 of 2012 from the file of the learned Judicial Magistrate, Ottanchathiram, Dindigul District and transfer the same to the Court of the learned Judicial Magistrate No.I, Kancheepuram, Kancheepuram District.

2.The learned counsel for the petitioner would submit that the provision has been changed and the jurisdiction has been extended for the complainant, in which, the cheque has been presented. In the case on hand, the cheque has been presented by the complainant at Ottanchathiram and he has rightly filed the complaint before the Judicial Magistrate Court, Ottanchathiram. Hence, there is no point for consideration to entertain this petition for transfer.

3.In view of the above, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. However, considering the year of the case, the learned Judicial Magistrate, Ottanchathiram, Dindigul District is directed to dispose the entire trial within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (AS) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To The Judicial Magistrate Ottanchathiram Dindigul District +1 CC To MR.D.VENKATESH, Advocate SR. NO. 90892 Crl.O.P.(MD).No.6366 of 2015 and MP(MD).No.1 of 2015 12.10.2018 MSA TR/SV/SAR-III(22.11.2018)2P 3C https://hcservices.ecourts.gov.in/hcservices/