Madras High CourtCRL OP(MD)/16168/2018disposed of

K.Chandra Sekar v. V.Shanmuga Sundaram

2018-09-11Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.16168 of 2018 K.Chandra Sekar

...Petitioner

Vs.

V.Shanmuga Sundaram

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to transfer the above C.C.N.139 of 2015 on the file of Fast Track Court (Magistrate Level), Thoothukudi District, to the Judicial Magistrate No.II, Sattur, Virudhunagar District. For Petitioner :Mr.K.Rajeshwaran

ORDER

This petition has been filed seeking for transferring of C.C.No.139 of 2015 from the file of the Fast Track Court (Magistrate Level), Thoothukudi District, to the concerned Magistrate Court, Virudhunagar.

2.The petitioner is the complainant. The petitioner has filed this transfer petition only on the ground that he is aged and he is not be able to travel the distance of 70 Km. for every hearing. The petitioner has also relied upon Section 142-A of Negotiable Instruments Act and contend that the complaint should have been filed only within the jurisdiction of the drawer Bank. 3.The case is of the year 2015. At this stage, this Court does not deem it fit to transfer the case. If the health conditions of the petitioner prevents him from attending the case, suitable directions can be given by this Court in that regard. 4.The Court below is directed to permit the petitioner to be represented by a counsel during every hearing date. The petitioner shall be made to appear before the Court only when he has to give evidence. On all the other occasions, he shall be represented by a counsel. The petitioner shall ensure that his counsel appears during every hearing date.

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5.Considering the fact that this case is of the year 2015, there shall be a direction to the Fast Tract Court,(Magistrate Level), Thoothukudi, to dispose of C.C.No.139 of 2015 within a period of two months from the date of receipt of a copy of this order.

6.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To The Fast Track Judge, (Magistrate Level), Thoothukudi District.

+1CC to Mr.K.Rajeshwaran, Advocate, SR.No.83842 Crl.O.P.(MD).No.16168 of 2018 11.09.2018 LS ES/SV/SAR 1/10.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/