M.Yusuf v. P.A Sadasivam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P(MD)No.7910 of 2022 M.Yusuf

...Petitioner

Vs.

P.A.Sadasivam ... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to transfer the case in S.T.C.No.734 of 2021 on the file of the Fast Track Court at Magisterial Level, Karur to the Fast Track Court at Magisterial Level, Nagercoil, Kanyakumari District.

For Petitioner : Mr.N.Pragalathan

ORDER

This petition has been filed to transfer the case in S.T.C.No.734 of 2021 from the file of the Fast Track Court at Magisterial Level, Karur to the file of the Fast Track Court at Magisterial Level, Nagercoil, Kanyakumari District. 1/4

2.The learned counsel appearing for the petitioner submitted that the respondent has preferred a complaint against the petitioner for the offence under Sections 138 and 142 of the Neotiable Instrument Act in S.T.C.No.734 of 2021, on the file of the Fast Track Court at Magisterial Level, Karur and the same is pending. He further submitted that the petitioner is an aged person and it is very difficult to him travel such a long distance without the help of others. Hence, he seeks to transfer the case.

3.Heard the learned counsel appearing for the petitioner. 4.A perusal of records shows that the respondent/complainant has filed a complaint against the petitioner under Sections 138 and 142 of the Negotiable Instrument Act, for dishonouring of cheque for a sum of Rs.2,00,000/-, which was borrowed by the petitioner from the respondent. Since the cheque issued by the petitioner was dishonoured, based on the complaint, the case was taken cognizance in S.T.C.No.734 of 2021, on the file of the Fast Track Court at Magisterial Level, Karur. Now, the petitioner seeks transfer the case to the file of the Fast Track Court at Magisterial Level, Nagercoil, Kanyakumari District, on the ground of his age. The reason assigned by the petitioner seeking transfer of his case, on the ground of age, as it would 2/4

be difficult for him to attend the proceedings, is found to be without any merit. .Accordingly, this Criminal Original Petition stands dismissed. Consequently connected miscellaneous petition is closed.

12.07.2022 Index :Yes/No Internet:Yes/No vsd To 1.The Fast Track Court at Magisterial Level, Karur.

2.The Fast Track Court at Magisterial Level, Nagercoil, Kanyakumari District.

3.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

vsd and Crl.M.P(MD)No.7910 of 2022 12.07.2022 4/4