Madras High CourtCRL OP(MD)/10367/2018disposed of

A.V.Raja v. M.Manikandan

2019-11-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No.10367 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.10367 of 2018 A.V.Raja ... Petitioner Vs.

M.Manikandan ... Respondent Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to withdraw summary trial case in S.T.C.No.598 of 2017 from the file of the learned Judicial Magistrate, Nilakottai and transfer the same to the learned Judicial Magistrate, Fast Track Court No.II, Madurai. For Petitioner : Mr.A.Sivasubramanian

O R D E R

This petition has been filed to transfer the proceedings in S.T.C.No.598 of 2017 from the file of the learned Judicial Magistrate, Nilakottai and transfer the same to the learned Judicial Magistrate, Fast Track Court No.II, Madurai. 2.This Court has issued notice to the respondent and even after receipt of the same, the respondent failed to appear before this Court either in person or through his counsel.

3. It is seen that the petitioner initiated the proceedings under the Negotiable Instruments Act as against the respondent and the same has been taken cognizance in S.T.C.No.598 of 2017. On perusal of the records it reveals that the respondent, who is an advocate practising at Nilakottai. Because of his position the petitioner could not able to even number the case in time. Even after the respondent evaded service of notice, he has got adjournment time and again before the trial Court on the ground that the respondent, who is an advocate practising at the same bar, in which the trial is pending. This Court deems it fit to transfer the trial to some other Court.

3. Accordingly, this Criminal Original Petition stands allowed and the entire proceeding in S.T.C.No.598 of 2017, is hereby withdrawn from the file of the learned Judicial Magistrate, Nilakottai and transferred the same to the learned Judicial Magistrate, Fast Track Court No.II, Madurai. On receipt of the same, the learned Judicial Magistrate, Fast Track Court No.II, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.10367 of 2018 Madurai is directed to complete the trial within a period of six months from the date of receipt of the entire bundle. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Judicial Magistrate, Nilakottai.

2.The Judicial Magistrate, Fast Track Court No.II, Madurai.

+1 CC to M/s.A.SIVASUBRAMANIAN, Advocate ( SR-96944[F] dated 08/11/2019 ) Crl.O.P(MD).No.10367 of 2018 07.11.2019 KM/(25.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2