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Madras High CourtCRL OP(MD)/21559/2022dismissed

Atlas v. Vijay Santhana Krishnan

2022-12-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.15187 of 2022 Atlas ... Petitioner Vs.

Vijay Santhana Krishnan S/o.Santhana Krishnan, The Chairman, S.M.C.Co-Operative House Building Ltd., No.5, P.K.V.Complex, Udayanpatti, K.K.Nagar, Thiruchirapalli, Thiruchirappalli District.

Power Holder P.Arumugam, S/o.PitchaiAsari Secretary, S.M.C.Co-Operative House Building Ltd., Door No.4/37, Sastri Nagar, 1st Street, Behind Police Station, Oomatchikulam, Chettikulam, Thirumalpuram, Madurai North, Madurai District.

... Respondent 1/4

PRAYER : Criminal Original Petition filed under Section 407 of Criminal Procedure Code, to transfer the case in S.T.C.No.241 of 2022 on the file of the Judicial Magistrate, Vadipatti, Madurai District to any other competent Magistrate Court at nearest District. For Petitioner : Mr.Malaisamy

ORDER

This Criminal Original Petition has been filed, invoking Section 407 Cr.P.C., seeking orders to transfer the case in S.T.C.No.241 of 2022 on the file of the Judicial Magistrate, Vaidpatti, Madurai District to any competent Court.

2. The main contention of the petitioner is that the respondent has purposely filed a private complaint against the petitioner for the offences under Sections 138 r/w 142 of Negotiable Instruments Act in order to harass him and on that basis, the case was registered in S.T.C.No.241 of 2022 on the file of the Judicial Magistrate, Vadipatti and that whenever the petitioner was attending the Court, the respondent was threatening him.

2/4

3. It is not the case of the petitioner that he has preferred any complaint with regard to the alleged threats. Without preferring any complaint, the petitioner has filed the present petition for transferring the case. The petitioner has not shown any other valid reason or ground to transfer the case.

4. Considering the above, this Court concludes that the above petitioner is devoid of merits and the same is liable to be dismissed. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed. 06.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm Order made in and Crl.M.P.(MD)No.15187 of 2022 Dated: 06.12.2022 4/4