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Madras High CourtCRL OP(MD)/5348/2019disposed of

Dr. D.Meenakshi, v. Sevaraj, S/O.Chandrasekaran

2021-03-31Honourable Mr Justice M.Dhandapani2 pages

Crl.O.P.(MD)No.5348 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.5348 of 2019 and Crl.M.P.(MD)No.3384 of 2019 Dr.D.Meenakshi ... Petitioner/Sole Accused Vs.

Selvaraj ... Respondent/Complainant Prayer: Petition filed under Section 407 of the Criminal Procedure Code praying to withdraw S.T.C.No.15/2017 from the file of the Fast Track Court, Judicial Magisterial Level, Pattukkottai, Thanjavur District and transfer the same to any other Judicial Magitrate Court in Pudukottai District.

For Petitioner : Mr.Ramasamy for Mr.Eelephant G.Rajendran For Respondent : Mr.C.Bharathi for M/s D.R.Murugesan * * * * *

ORDER

This Criminal Original Petition is filed praying to withdraw S.T.C.No.15/2017 from the file of the Fast Track Court, Judicial Magisterial Level, Pattukkottai, Thanjavur District and transfer the same to any other Judicial Magitrate Court in Pudukottai District.

2. The petitioner is the accused in S.T.C.No.15 of 2017 filed by the respondent complainant.

3. Learned Counsel appearing for the petitioner would submit that the present learned Judge, Fast Track Court, Judicial Magisterial Level, Pattukkottai, Thanjavur District insists the petitioner to settle the issue with the respondent herein and therefore, he did not have confident with the said Court and accordingly, he would pray for transfer of the case in S.T.C.No.15/2017 from the file of the Fast Track Court, Judicial Magisterial Level, Pattukkottai, Thanjavur District to the file of the learned Judicial Magistrate, Pattukkottai, who is having the jurisdiction to decide the case filed under Section 138 of the Negotiable Instruments Act.

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Crl.O.P.(MD)No.5348 of 2019

4. Learned Counsel appearing for the respondent has not objection for transferring the case to the court of learned Judicial Magistrate, Pattukottai, Thanjavur District.

5. In view of the above consent expressed by the learned Counsel appearing on either side, this Court directs to withdraw the case in S.T.C.No.15/2017 from the file of the Fast Track Court, Judicial Magisterial Level, Pattukkottai, Thanjavur District and transfer the same to the file of the Court of the learned Judicial Magistrate, Pattukkottai, Thanjavur District. The learned Judicial Magistrate, Pattukkottai is directed to complete the trial within a period of four months from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Fast Track Court, Judicial Magisterial Level, Pattukkottai, Thanjavur District.

2. The Judicial Magistrate, Pattukkottai, Thanjavur District.

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-15399[F] dated 07/04/2021 ) Crl.O.P.(MD)No.5348 of 2019 31.03.2021 MJ(CO) TR(23.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2