R.K. Renuka vs Kodiswaran
2021 Latest Caselaw 15273 Mad

                                                               1                  Crl.O.P.No.13015 of 2017


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 29.07.2021

                                                        CORAM:

                          THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

                                              Crl.O.P.No. 13015 of 2017
                                       and Crl.M.P.Nos. 8649 and 8493 of 2017

                      R.K. Renuka                                                         ...Petitioner
                                                           -Vs-

                      Kodiswaran                                                       ...Respondent

                                Criminal Original Petition filed under Section 407 of CrPC., to
                      withdraw and transfer the C.A.No. 130 of 2017 from the file of the
                      Additional Sessions Judge, Erode to the Additional Sessions Judge,
                      Gobichettipalayam.
                      [Amended as per order dated 11.07.2017 made
                      in Crl.M.P.No.8650/2017 in Crl.O.P.No.13015/2017].

                                   For Petitioner      : Mr. R.P. Muruganraja

                                    For Respondent     : Mr. S. Parthasarathy
                                                            ----
                                                        ORDER

This petition has been filed to withdraw and transfer the C.A.No.

130 of 2017 from the file of the learned Additional Sessions Judge, Erode to

the learned Additional Sessions Judge, Gobichettipalayam.

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2. The learned counsel for the petitioner would submit that the

petitioner/appellant has preferred an appeal in Crl.A.No.130 of 2017,

pending on the file of the learned Additional Sessions Judge, Erode, against

the judgment passed by the learned Judicial Magistrate, Sathyamangalam in

S.T.C.No.5312 of 2014, dated 29.04.2014, the petitioner was convicted to

undergo simple imprisonment for 10 months and awarded compensation a

sum of Rs.20,00,000/- for cheque amount U/s.357(3) of the Code of

Criminal Procedure. However, the petitioner had proved her case by

preponderance of probabilities and it is for the respondent/complainant to

rebut the case of the appellant and he has not rebutted the said presumption

under the Negotiable Instrumentes Act.

3. Further, the learned counsel for the petitioner would submit

that as the petitioner is having 4 year old child and she is unable to travel

from her place of residence to the Addl. Sessions Court, Erode for every

hearing of the case. The petitioner and the respondent are residing in

Sathyamangalam Taluk, Erode. Therefore, no prejudice would be caused to

the respondent if this petition is allowed. Hence, he seeks to transfer the

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case as prayed for.

4. Heard both sides and perused the materials placed on record.

5. Taking into consideration the fact that the appellant is having four

year old child and she is uanble to travel, attend the hearings frequently and

plead her defence. Hence, this Court is inclined to allow this petition to

transfer the case in C.A.No.130 of 2017 from the file of the learned

Additional Sessions Judge, Erode, to the learned Additional Sessions Judge,

Gobichettipalayam. Consequently, connected Criminal Miscellaneous

Petitions are closed.

29.07.2021

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To

1. The Additional Sessions Judge, Erode.

2. The Additional Sessions Judge, Gobichettipalayam.

3.The Public Prosecutor, High Court, Madras.

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V.BHAVANI SUBBAROYAN, J.

msm

Crl.O.P.No. 13015 of 2017 and Crl.M.P.Nos. 8649 and 8493 of 2017

29.07.2021

http://www.judis.nic.in