Madras High CourtCRL OP(MD)/4819/2017allowed

M/S.Satyam College Of Engineer v. J.Ahilan

2018-10-24Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.4819, 4820 ,4821,4822,5151,5200,5202 of 2017 and Crl.M.P(MD) Nos.3374,3375,3376,3377,3378,3379,3380, 3381,3649,3650,3668,3669, 3672 and 3673 of 2017

1. M/s.Satyam College of Engineering and Technology Rep.by its Chairman A.Thinakar Satyam Nagar, Aralvaimozhi and Post, Agasteewaram Taluk, Kanyakumari District.

2.A.Thinkar : Petitioners (in all cases) Vs.

J.Ahilah : Respondent in CRL OP(MD)Nos.4819 & 4820/2017 V.Selva Kumar : Respondent in CRL OP(MD)Nos.4821 & 4822/2017 V.Agastheesan : Respondent in CRL OP(MD)Nos.5151 & 5202/2017 C.Siva Kodeeswaran : Respondent in CRL OP(MD)No.5200/2017 Prayer in Crl.O.P.(MD)Nos.4819 to 4822 and 5151,5202 & 5200 of 2017: These Criminal Original Petitions filed under Section 407 Cr.P.C. to pass appropriate order to withdraw the case in STC Nos.42, 39, 12, 11 of 2017, 282, 283 and 286 of 2016 respectively on the file of the Fast Track Court(Magisterial Level) No.I, Nagercoil and transfer the same to Judicial Magistrate at Valliyoor, Tirunelveli District which is having competent jurisdiction to try the matter.

For Petitioners : Mr.C.R.Nirmal (in all cases) For Respondent : No appearance (in all cases)

COMMON ORDER Since the issues involved in all the Criminal Original Petitions are one and the same, all these Criminal Original Petitions have been clubbed together, heard together and are being disposed of by this common order.

2. These Criminal Original Petitions have been filed seeking to transfer the proceedings pending on the file of the Fast Track Court(Magisterial Level) No.I, Nagercoil, to the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District. 3.Mr.C.R.Nirmal, the learned counsel for the petitioner would submit that the petitioner borrowed money from the money lender called as Jeyakodi in the year 2012 and the petitioner had given eleven cheques to the said person . The petitioner was also paying the amount regularly. The said Jeyakodi was demanding very high rate of interest and the petitioner refused to pay the same. Therefore the said Jeyakodi chose five advocates and gave one cheque to each of them and they filled the cheques and have deposited the cheque in their account, which got dishonoured. In each , the complainant is admittedly a practising advocate belonging to Nagercoil Bar Association. Therefore the learned counsel would submit that the petitioner will not be able to get fair justice before the court below since all the respondents belong to the same bar.

4. Notice has been served in all the cases and the respondent is neither appearing in person nor through counsel. Today the name of the respondent is also printed in the cause list and there is no appearance on behalf of the respondent. Therefore this Court proceeds to deal with this petition on merits.

5. It is seen from records that in every complaint, the complainant is an advocate and is practising before the court below. Therefore inorder to ensure a just and fair trial in this case, this Court deems it fit to transfer the proceedings pending before the court below to some other court.

6.In view of the above, the proceedings in STC Nos.282, 283 & 286 of 2016 and STC Nos.11,12,39 & 42 of 2017 pending on the file of the Fast Track Court(Magisterial Level) No.I, Nagercoil is withdrawn and transferred to the file of the Judicial Magistrate Court, Padmanabapuram. The leared Judicial Magistrate, Fast Track Court(Magisterial Level) No.I, Nagercoil is directed to immediately send the case records to the learned Judicial Magistrate, Padmanabapuram and the learned Judicial Magistrate, Padmanabapuram on receipt of case records, is directed to immediately re-number the same and proceed further in accordance with law.

7. The Criminal Original Petitions are disposed of with the above directions. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Judicial Magistrate, Fast Track Court(Magisterial Level) No.I, Nagercoil

2. The Judicial Magistrate, Padmanabapuram.

Copy To:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 7 CC TO Mr.C.K.M.APPAJI, ADVOCATE IN SR Nos. 91847 to 91853 AAV TE/SKN/SAR-4 : 10/12/2018 : 3P/11C Crl.O.P.(MD)No.4819, 4820 ,4821,4822, 5151,5200,5202 of 2017 24.10.2018