Madras High CourtCRL OP(MD)/16829/2022allowed

R. Balanagaiya v. K. Meganathan

2022-10-17Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16829 of 2022 and Crl.M.P.(MD)No.11270 of 2022 R.Balanagaiya

...Petitioner

vs K.Meganathan

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to withdraw the case in S.T.C.No.21 of 2018 before the learned Fast Track Court (Magistrate Level), Thanjavur, and to transfer the same to the learned Fast Track Court (Magistrate Level), Theni.

For Petitioner : Mr.R.Shankar Ganesh For Respondent : Mr.P.Venkatesan 1/4

O R D E R

This Criminal Original Petition is filed seeking to withdraw the case in S.T.C.No.21 of 2018 before the learned Fast Track Court (Magistrate Level), Thanjavur, and to transfer the same to the learned Fast Track Court (Magistrate Level), Theni.

2.Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondent.

3.The learned Counsel for the Petitioner states that the Petitioner is arrayed as accused in S.T.C.No.21 of 2018. The case is under Section 138 of Negotiable Instruments Act, before the learned Judicial Magistrate, Fast Track Court, Thanjavur. It is the further submission of the learned Counsel for the Petitioner that the Respondent is none other than the cousin of the Petitioner. Also, there has been a partition suit between the Respondent and the Petitioner herein in O.S.No.42 of 2018 on the file of the learned Fast Track Court (Magistrate Level), Theni. Therefore, the learned Counsel for the Petitioner seeks to withdraw the complaint in S.T.C.No.21 of 2018 before the learned Judicial Magistrate, Fast Track Court, Thanjavur and transfer the same to the Court of learned 2/4

Judicial Magistrate, Fast Track Court, Theni. 4.The learned Counsel for the second Respondent has no objection.

5.On the consent of the learned Counsel for the Respondent, this Petition is allowed. The case in S.T.C.No.21 of 2018 is withdrawn from the file of the learned Judicial Magistrate, Fast Track Court, Thanjavur and transferred to the Court of learned Judicial Magistrate, Fast Track Court, Theni. The learned Judicial Magistrate, Fast Track Court, Theni, is directed to proceed with the trial as per law. 17.10.2022 Index:Yes/No cmr To 1.The Fast Track Court (Magistrate Level), Thanjavur.

2.The Fast Track Court (Magistrate Level), Theni. 3/4

SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.16829 of 2022 17.10.2022 4/4