R.Komala v. M/S.Tvs Automobile Solutions Private Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P(MD) Nos.9734 and 9735 of 2022 R.Komala, Proprietor, M/s.Shree Sangeetha Motors and Electronics, Bangalore.

: Petitioner Vs M/s.Tvs Automobile Solutions, Private Limited, Having its Registered Office at No.10, Jawahar Road, Chokkikulam, Madurai-625 002, Represented by V.Murugapandi, : Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to transfer the case in STC.No.182 of 2022, on the file of learned Judicial Magistrate, FTC No.II, Madurai to the Judicial Magistrate, FTC, Hosur.

1/5

For Petitioner : Mr.Ramasamy S,

ORDER

This criminal original petition has been filed seeking to transfer the case in STC.No.182 of 2022, on the file of learned Judicial Magistrate, FTC No.II, Madurai to the Judicial Magistrate, FTC, Hosur. 2.The learned Counsel appearing for the petitioner submitted that the petitioner residing at Bangalore. Being a lady, she is unable to attend the Court in Madurai. Hence this petition has been filed. 3.I have considered the submission made by the learned Counsel appearing for the petitioner.

4.On a perusal of records, it is seen that the petitioner is the accused person in S.T.C.No.182/2022, on the file of the Judicial Magistrate, FTC No.II, Madurai and it is pending. The disputed cheque is for a sum of Rs.22,00,000/- and the alleged cheque was given by the petitioner, which was drawn at HDFC Bank Anekal Taluk, Bangalore. It was presented by the 2/5

respondent at HDFC Bank Limited, Northveli Street Branch, Madurai and the same was dishonored and returned on 16.03.2022 with an endorsement 'funds insufficient'. Hence, after issuing legal notice, the case has been filed. 5.Now, the petitioner seeks to transfer the case in STC.No.182 of 2022, on the file of learned Judicial Magistrate, FTC No.II, Madurai to the Judicial Magistrate, FTC, Hosur. The reasons stated by the petitioner for transferring the case is that the petitioner being a lady, she could not travel from Bangalore to Madurai and it is very difficult to attend the case before the Madurai Court. I find this reason is not a valid reason to transfer the case from one Court to another.

6.Therefore, I find not merit in this petition. Hence, this criminal original petition is dismissed.

7.However, the learned Counsel appearing for the petitioner submitted that the personal appearance of the petitioner before the trial Court may be dispensed with.

3/5

8.I have considered the submission. The personal appearance of the petitioner before the trial Court is hereby, dispensed with. But, she should appear before the trial Court, whenever required for further proceedings. 9.Consequently, the connected miscellaneous petitions are closed. 22.08.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr To The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

V.SIVAGNANAM, J.

lr 22.08.2022 5/5