Madras High CourtCRL RC(MD)/162/2019dismissed as infructuous

Suganya, W/O.Sabapathy, v. T. Armstrong, S/O.Theva

2023-06-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)No.2451 of 2019 Suganya ... Petitioner/Petitioner/Accused Vs.

T.Armstrong ... Respondent/Respondent/ Complainant PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the learned Principal Sessions Judge, Thanjavur in Cr.M.P.No.4039 of 2018 in STC.No.70 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court, Pattukkottai and set aside the order, dated 06.02.2019.

For Petitioner : Mr.B.Anandan For Respondent : No appearance 1/4

ORDER

This revision has been filed as against the order passed in Cr.M.P.No.4039 of 2018 in STC.No.70 of 2018, dated 06.02.2019, on the file of the learned Principal Sessions Judge, Thanjavur, whereby dismissed the petition filed by the petitioner under Section 408(1) of Criminal Rules of Practice to transfer the case. 2.The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act and the same has been taken cognizance in STC.No.70 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court at Magistrate Level, Pattukkottai. 3.While pending the trial, the petitioner filed a petition in Cr.M.P.No.4039 of 2018 in STC.No.70 of 2018 on the file of the learned Principal Sessions Judge, Thanjavur, to transfer the case in STC.No.

70 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court at Magistrate Level, Pattukkottai to some other Judicial Magistrate, Fast Track Court at Magisterial Level at Thanjavur. However, the said petition was dismissed. Aggrieved by the same, the petitioner preferred the present revision.

4.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that already the matter has been settled between the parties. Therefore, the relief sought for in the revision petition has become infructuous. 5.In view of the above, this Criminal Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

19.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes ps To The Principal Sessions Judge, Thanjavur.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 19.06.2023 4/4