Madras High Court
Ms.M.Ranjitha vs M/S. Veritatas Finance Private ... on 14 July, 2021
Crl.O.P.No.9087 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.9087 of 2018
Ms.M.Ranjitha ...Petitioner
Vs.
M/s. Veritatas Finance Private Limited,
Represented by its Authorised Signatory,
Ms.Meena.V,
D/o. M.Velayudham,
S-15, Second Floor,
Thiru Vi Ka Industrial Estate,
Guindy. ...Respondent
Prayer: The Criminal Original Petition filed under Section 407 of Cr.P.C.,
to transfer the matter in C.C.No.8926 of 2017 which is pending before the
Hon'ble Judicial Magistrate, Fast Track Court, Saidapet, Chennai to Hon'ble
Magistrate Court, Karur.
For Petitioner : Ms. Anandhalakshmi
For M/s.P.Sesubalan Raja
For Respondent : Not ready in notice
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9087 of 2018
ORDER
This Criminal Original Petition has been filed seeking to transfer the
case in C.C No.8926 of 2017 which is pending before the Judicial
Magistrate, Fast Track Court, Saidapet, Chennai to the Judicial Magistrate
Court, Karur.
2. It is alleged that the Petitioner/Accused had borrowed a sum of
Rs.3,00,000/- (Rupees three lakhs only) for business purpose from the
respondent/company. The petitioner's father-in-law has created a mortgage
in favour of the respondent. The said mortgage deed was registered on as
Doc.No. 1234/2016, on 31.10.2016. In the above said circumstances,
because of the compulsion of the respondent, the petitioner was constrained
to issue a post-dated cheque dated 15.09.2017 for a sum of Rs.3,31,018/-
(Rupees Three Lakhs Thirty One Thousand and Eighteen only) drawn at
State Bank of India, Karur Branch, and the said cheque was presented
before the Axis Bank, Ashok Nagar Branch, Chennai – 600 083, however,
the same was returned as “Funds Insufficient”. Therefore, the respondent
had filed a complaint under Section 200 of Cr.P.C and Section 138 of
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Crl.O.P.No.9087 of 2018
Negotiable Instruments Act r/w Section 357 of Cr.P.C before the Hon'ble
Judicial Magistrate, Fast Track Court, Saidapet, Chennai. Since all the
transactions had taken place only at Karur, where the petitioner is residing,
the petitioner filed the present petition to transfer the case which is pending
before the learned Judicial Magistrate, Fast Track Court, Saidapet, Chennai
to the learned Judicial Magistrate Court, Karur.
3. The learned counsel for the petitioner submits that already,
mortgage deed was executed in favour of the respondent/complainant. In
order to harass the petitioner, the respondent had presented the cheque at
Chennai with an ulterior motive and filed a false complaint before the Fast
Track Court, Chennai. Further, the case was admitted, and notice was
ordered on 16.04.2018. Till now, the petitioner has not taken any steps to
serve notice on the respondent.
4. The case is of the year 2017. Already four years have lapsed.
Therefore, this Court is of the view that no useful purpose would be served
by transferring the case at this juncture, to the file of the learned Judicial
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Crl.O.P.No.9087 of 2018
Magistrate, Karur,.
5 .In view of the above, this Court directs the learned Judicial
Magistrate, Fast Track Court, Saidapet, Chennai to expedite the trial in
C.C.No.8926 of 2017 and complete the same, as early as possible The
appearance of the petitioner before the Trial Court is dispensed with.
However, this order will not stand on the way of the Trial Court to insist for
the appearance of the petitioner for receiving copies under Section 207 of
Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and
on the day of judgment and as and when the Trial Court feels it necessary.
6.With the above directions, this Criminal Original Petition is
dismissed.
14.07.2021
msrm
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9087 of 2018
To
1. The learned Judicial Magistrate Court,
Fast Track Court, Saidapet,
Chennai.
2.The learned Judicial Magistrate Court,
Karur.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9087 of 2018
M.DHANDAPANI,J.
msrm
Crl.O.P.No.9087 of 2018
14.07.2021
https://www.mhc.tn.gov.in/judis/
