S.Natarajan v. M.Thangasami

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.8385 of 2025 S.Natarajan ... Petitioner versus

1. M.Thangasami

2. The Inspector of Police, City Crime Branch, Madurai City.

... Respondents Criminal Original Petition filed under Section 447 of BNSS to withdraw the case in STC No.8 of 2024 pending before the Judicial Magistrate Court, Palani and transfer the same to learned Special Judge, (TNPID) Court, Madurai, pending in Cr.No.6 of 2025. For Petitioner : Mr.G.Pandiarajan For R1 : Mr.A.Muthukumar For R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/5

ORDER

The petitioner, an accused in STC No.8 of 2024, is facing trial before the learned Judicial Magistrate, Palani, for the offence under Section 138 of the Negotiable Instruments Act. He has filed this petition seeking to transfer the said case to the learned Special Judge, (TNPID) Court, Madurai, wherein, a case in Cr.No.6 of 2025 is pending.

2. The learned counsel appearing for the petitioner submits that the respondent/complainant had lodged a complaint before the learned Judicial Magistrate, Palani, as against the petitioner, under Section 138 of the Negotiable Instrument Act that he had borrowed a sum of Rs.5 lakh from him on 10.06.2023 and issued a cheque bearing No.707483 and when the cheque was presented before the Bank, the same was returned as insufficient funds. The said complaint was taken on file in STC No.8 of 2024. Apart from that, the 2/5

respondent/complainant had filed another complaint as against the petitioner as if he has cheated him by not paying the profit amount. Based on that complaint, a case in Crime No.6 of 2025 has been registered by the CCB, Madurai City and the same is pending before the learned Special Judge, TNPID Court, Madurai. Therefore, the petitioner has filed this petition seeking transfer of proceedings in STC No.8 of 2024 from the file of the Judicial Magistrate Court, Palani, to the file of learned Special Judge, TNPID Court, Madurai.

3. If the petitioner is having a grievance that on the very same transaction, a case in Crime No.6 of 2025 has been registered by the CCB, Madurai City, he can very well produce those records before the learned Judicial Magistrate, Palani, and establish his case during the course of trial. For this purpose, there is no necessity for transferring the case in STC No.8 of 2024 on the file of learned Special Judge, TNPID Court, Madurai and to try the same before the learned Special Judge, TNPID Court, Madurai, along with the case in Crime No.6 of 3/5

2025, which is still at the stage of investigation.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 02.07.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Inspector of Police, City Crime Branch, Madurai City.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

B.PUGALENDHI, J.

ogy 02.07.2025 5/5