Madras High CourtCRL OP(MD)/14367/2013disposed of

S.A. Mahendra Babu v. L. Jeyaseelan

2016-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.14367 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 S.A.Mahendra Babu ... Petitioner vs.

L.Jeyaseelan ... Respondent PRAYER: This petition is preferred under Section 407 Cr.P.C., to withdraw the case in C.C.NO.92 of 2012 on the file of the Judicial Magistrate at Manamadurai and transfer to Kodaikkanal Judicial Magistrate at Dindigul District.

For Petitioner : Mr.S.Chellapandian For Respondent : Mr.C.Muthu Saravanan

O R D E R

This petition has been filed to withdraw the case in C.C.NO.92 of 2012 on the file of the Judicial Magistrate at Manamadurai and transfer to Kodaikkanal Judicial Magistrate at Dindigul District.

2. Heard the learned Counsel for the petitioner and the learned Counsel appearing for the respondent. 3.For the sake of convenience, the parties are referred to as complainant and the accused. It is the case of the complainant that the accused had borrowed money from him and issued a cheque for Rs.7.5Lakhs, which was presented by the complainant in his Bank at Manamadurai. The said cheque was dishonoured for insufficiency of funds and the complainant issued a statutory notice under Section 138 of Negotiable Instruments Act to the accused and thereafter he has filed the prosecution in C.C.NO.92 of 2012 before the Judicial Magistrate, Manamadurai. The accused has filed this petition for transfer of C.C.No.92 of 2012 from the Court of Judicial Magistrate, Manamadurai to any other Court in Kodaikal on the ground that the entire transaction has been taken place at Kodaikanal. The accused is in Kodaikanal and the bank of the accused is in Kodaikanal.

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4. The question of jurisdiction has been completely settled by the Parliament by the recent amendment to the Negotiable Instruments Act, by which the Magistrate, in whose territorial jurisdiction the bank of the complainant is located, gets jurisdiction to try the offence. In view of the developments in law, the prosecution cannot be transferred as prayed for. Hence, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The Judicial Magistrate, Manamadurai.

Ssl RL/2C/2P/SKS/RR/5/4/2016 Crl.O.P.(MD) No.14367 of 2013 28/03/2016 https://hcservices.ecourts.gov.in/hcservices/