Madras High CourtCRL OP(MD)/9647/2017disposed of

V.Ramasamy, v. S.Selvaraj,

2019-09-26Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD)No. 9647 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No. 9647 of 2017 and Crl.M.P.(MD).Nos.6584 & 6585 of 2017 V.Ramasamy ...

Petitioner/ Accused Vs.

S.Selvaraj ...

Respondent/ Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the case in S.T.C.No.267 of 2015, pending before the learned Judicial Magistrate Court, Thuraiyur to Judicial Magistrate, Paramakudi or any other competent Court. For Petitioner : Mr.V.Murugan For Respondent : Mr.M.Karthikeya Venkitachalapathy

O R D E R

This Criminal Original Petition has been filed seeking for transfer of proceedings in S.T.C.No.267 of 2015, pending on the file of the Judicial Magistrate Court, Thuraiyur.

2.The respondent has filed a complaint against the petitioner for the offence under Section 138 of the Negotiable Instruments Act. The case is now at the stage of trial. The reason that has been assigned to justify the transfer is that the petitioner is suffering from gangrene right lower leg below knee level and his right leg has been amputated and he is not in a position to travel to the Court below, which is said to be 250 Kilometres from the place of the petitioner. In short, this petition has been filed seeking for transfer on medical grounds. 3.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 4.Taking into consideration the facts and circumstances of the case and also the medical condition of the petitioner, this Court is inclined to transfer the proceedings. Therefore, the proceedings in S.T.C.No.267 of 2015, on the file of the Judicial Magistrate Court, Thuraiyur, is hereby withdrawn and transferred to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 9647 of 2017 the file of the Judicial Magistrate Court, Paramakudi. The learned Judicial Magistrate, Thuraiyur, is directed to send the entire case records to the learned Judicial Magistrate, Paramakudi, within a period of two weeks from the date of receipt of a copy of this order. The learned Judicial Magistrate, Paramakudi, immediately on receipt of the case records shall re-number the case and complete the proceedings within a period of two months thereafter. 5.The Criminal Original Petition stands disposed of with the above directions. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar To 1.The Judicial Magistrate Court, Thuraiyur.

2.The Judicial Magistrate Court, Paramakudi.

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

+1 CC to M/s.M.KARTHIKEYA VENKITACHALAPATHY, Advocate ( SR-89755[F] dated 26/09/2019 ) +1 CC to M/s.V.MURUGAN, Advocate ( SR-89929[F] dated 27/09/2019 Crl.O.P.(MD)No. 9647 of 2017 26.09.2019 TSG MS/01.10.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2