Crl.O.P.No.21506 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No. 21506 of 2022
&
Crl.M.P.No.13961 of 2022
Jakeerali ...Petitioner
-Vs-
Saravanakumar ... Respondent
Prayer: Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, to withdraw in C.C.No.257 of 2020 from the file of
the Hon'ble Judicial Magistrate Court, Senthamangalam and transfer the
same to any other Hon'ble Judicial Magistrate Court, at Coimbatore.
For Petitioner : Mr.B.Nedunchezhiyan
For Respondent : -
ORDER
This Criminal Original Petition has been filed to withdraw C.C.No.257 of 2020 from the file of the Judicial Magistrate Court, Senthamangalam and transfer the same to any other learned Judicial Magistrate Court, at Coimbatore.
https://www.mhc.tn.gov.in/judis 1/4 Crl.O.P.No.21506 of 2022
2. The petitioner is an accused in the complaint lodged by the respondent for the offences under Sections 138 and 142 of Negotiable Instruments Act on the file of the Judicial Magistrate Court, Senthamangalam in C.C.No.257 of 2020. After receipt of summons, the petitioner appeared before the trial Court. While being so, on 29.11.2021, when the petitioner appeared before the trial Court, the de- facto complainant/respondent herein as well as his counsel threatened him to settle the amount and if not settled, they will do away the petitioner. Though the petitioner submitted a memo before the trial Court with the said allegation, no action has been taken.
3. The learned counsel appearing for the petitioner sent a complaint through registered post to the jurisdictional police on 06.12.2021. On perusal of the complaint, even according to the petitioner, he was threatened and compelled to settle the amount. That apart, after a period of almost one year, the present petition has been filed and subsequent to the date of alleged occurrence, there is no threat from the hands of the respondent. Further, it is not a ground for transferring the case.
https://www.mhc.tn.gov.in/judis 2/4 Crl.O.P.No.21506 of 2022
4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. However,the personal appearance of the petitioner is dispensed with before the trial Court and he shall be represented by a counsel after filing appropriate application. However, the petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment.
08.09.2022 Internet: Yes Index : Yes/No Speaking/Non Speaking order mpl https://www.mhc.tn.gov.in/judis 3/4 Crl.O.P.No.21506 of 2022 G.K.ILANTHIRAIYAN. J, mpl Crl.O.P.No.21506 of 2022 & Crl.M.P.No.13961 of 2022 08.09.2022 https://www.mhc.tn.gov.in/judis 4/4