Pankajavalli vs T.Kumar on 23 July, 2015

[Cites 8, Cited by 0]

Madras High Court

Pankajavalli vs T.Kumar on 23 July, 2015

Bench: M.M.Sundresh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 23.07.2015  

CORAM   
THE HON'BLE MR.JUSTICE M.M.SUNDRESH          

CRL.O.P.(MD)No.13769 of 2012   
and M.P.(MD) No.1 of 2012 

Pankajavalli                                                    .. Petitioner/Accused

Vs ..

1.T.Kumar 
2.The State rep. by
  The Public Prosecutor,
  Nagarcoil.                                                      .. Respondents


         Criminal Original Petition filed under section 407 of the Code of
Criminal Procedure, praying to transfer the case in C.C.No.40 of 2010 on the
file of the Court of the Principal District Munsif-cum-Judicial Magistrate,
Eraniel to the Court of the Judicial Magistrate No.I, Nagercoil and to try
along with the case in C.C.No.91 of 2010 on the file of the Judicial
Magistrate No.I, Nagercoil.

For Petitioner                  : Mr.M.Suri
For 1st Respondent              : Mr.K.Seemaraj 

For 2nd Respondent              : Mr.K.Anbarasan 
                                Government Advocate (Crl. side)

:ORDER

This petition has been filed seeking transfer of the case in C.C.No.40 of 2010 from the file of the Court of the Principal District Munsif-cum- Judicial Magistrate, Eraniel to the Court of the Judicial Magistrate No.I, Nagercoil and to try along with the case in C.C.No.91 of 2010 on the file of the Judicial Magistrate No.I, Nagercoil.

2.Heard the learned counsel appearing for the petitioner, the learned counsel for the respondent No.1 and the learned Government Advocate (Criminal side) for the respondent No.2.

3.It is seen that C.C.No.40 of 2010 is pending on the file of the Principal District Munsif cum Judicial Magistrate, Eraniel for the alleged offence under Section 138 of the Negotiable Instruments Act and C.C.No.91 of 2010 is pending on the file of the learned Judicial Magistrate No.1, Nagercoil on the ground that the complainant in C.C.No.40 of 2010 has misused the cheque for the alleged offences under Sections 380, 341, 294(b), 506(i) and 420 I.P.C. and Section 4 of Tamil Nadu Prohibition of Charging of Exorbitant Interest Act, 2006. Seeking to try both the petitions together, the present petition has been filed.

4.It is not in dispute that the complainant in C.C.No.40 of 2010 is the accused in C.C.No.91 of 2010. The cheque alleged to have been involved is one and the same. Therefore, in the interest of justice, it is appropriate to hear both the cases together.

5.Accordingly, C.C.No.91 of 2010, pending on the file of the file of the Judicial Magistrate No.I, Nagercoil is directed to be transferred to the file learned Principal District Munsif cum Judicial Magistrate, Eraniel for hearing along with C.C.No.40 of 2010. After receipt of the case records in C.C.No.91 of 2010, the learned Principal District Munsif cum Judicial Magistrate, Eraniel is directed to dispose of both the cases together within six months from the date of receipt of the records in C.C.No.91 of 2010.

6.This Criminal Original Petition is disposed of accordingly. Consequently, connected M.P.(MD) No.1 of 2012 stands closed.

1.The Principal District Munsif cum Judicial Magistrate, Eraniel.

2.The Judicial Magistrate No.1, Nagercoil.

3.The Public Prosecutor, Nagarcoil.

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

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