Madras High Court
E.Riyaz Ahamed vs G.Balasubramanian on 8 April, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8052 of 2022
and
Crl.M.P.Nos.4667 & 4669 of 2022
E.Riyaz Ahamed,
S/o.Late Anwartheen ... Petitioner
Vs
G.Balasubramanian,
S/o.Ganesan ... Respondent
Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C., to
transfer the STC.No.177 of 2021 pending on the file of the Judicial Magistrate
Court, Fast Track Court Magisterial Level, Attur, Salem District to any other
competent Court of nearby District.
For Petitioner : M/s.W.Camyles Gandhi
ORDER
This Criminal Original Petition has been filed, to transfer the
STC.No.177 of 2021 pending on the file of the Judicial Magistrate Court, Fast
Track Court Magisterial Level, Attur, Salem District to any other competent
Court of nearby District.
https://www.mhc.tn.gov.in/judis
2. The case of the petitioner is that he is an accused facing trial in
STC.No.177 of 2021 on the file of the Judicial Magistrate Court, Fast Track
Court Magisterial Level, Attur, Salem District for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881.
3. It is further case of the petitioner that the petitioner has appeared
for the first hearing on 30.12.2021 and filed vakalat via., local counsel.
Thereafter, the matter was adjourned to 09.02.2022 and there was no physical
hearing on the same date, the petitioner has not appeared on the said date and
filed petition under Section 317 of Cr.P.C and thereafter the case was adjourned
to 21.02.2022. The petitioner appeared before the Court on 21.02.2022. and
thereafter, the case was adjourned to 02.03.2022. While the petitioner was
coming out of the Court along with his friend, they were apprehended by
several unknown persons and that they were kidnapped and abducted.
4. Thereafter, the petitioner along with his friend and his car was
taken to an unknown location where the unknown persons threatened the
petitioner to settle Rs.1 Crore immediately to the complainant or else the
petitioner's life would not be spared. The petitioner and his friend were kept in
custody of the respondent till late evening and on the request of the petitioner,
https://www.mhc.tn.gov.in/judis
the respondent allowed the petitioner for urination. At that time, the petitioner
had called his Advocate at Chennai and due to the intervention of the local
advocates/counter parts at Attur, the petitioner was rescued by police team.
Thereafter, the case was posted on 04.04.2022. On that day, the petitioner has
appeared and the case stands posted on 06.04.2022. He would further submit
that the petitioner's complaint to the police is being enquired in STC.No.477 of
2021. The petitioner still apprehends threat to his life.
5. The learned counsel for the petitioner would further submit that
though the petition has been filed for transfer of the case from the file of the
Judicial Magistrate Court, Fast Track Court Magisterial Level, Attur, Salem
District to some other Court, it would be suffice that the personal appearance of
the petitioner may be dispensed by the concerned Court.
6. Heard the learned counsel for the petitioner and perused the
materials available on record.
7. It is the case of the petitioner that he was threatened by the persons
engaged by the complainant in STC.No.177 of 2021. Now it is submitted that
though the petition has been filed seeking for transfer, it would be suffice that
https://www.mhc.tn.gov.in/judis
the personal appearance of the petitioner may be dispensed before the Trial
Court.
8. Accepting the said submission of the learned counsel for the
petitioner, the presence of the petitioner before the trial Court shall be
dispensed with on condition that he shall be present on the first day of
appearance, on the date fixed for receiving the copies, initial questioning, reply
to charges and questioning under Section 313 of Cr.P.C., and at the time of
passing Judgment and whenever insisted upon by the Trial Court.
9. The petitioner is further directed to give an undertaking in the form
of affidavit that he will be duly represented by a counsel on all hearing dates
and that the Counsel representing him will cross-examine the prosecution
witnesses on the same day they are examined in chief. The petitioner shall not
dispute the identity of the witnesses. The petitioner shall appear before the
Court in the event his presence is insisted by the Trial Judge for the purpose of
identification. If the petitioner adopts any dilatorial tactics, it is open to the
Trial Court to insist for his appearance and deal with the petitioner in
accordance with the Judgment of Hon'ble Supreme Court of India in State of
Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.
https://www.mhc.tn.gov.in/judis
10. Accordingly, this Criminal Original Petition dismissed. The
connected Criminal Miscellaneous Petitions are closed.
08.04.2022
Internet : Yes/No
Index : Yes/No
Speaking/Non-speaking order
arb/rgm
To
The Judicial Magistrate Court,
Fast Track Court Magisterial Level,
Attur, Salem District.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA,J.
arb/rgm
Crl.O.P.No.8052 of 2022
and Crl.M.P.Nos.4667 & 4669 of 2022
08.04.2022
https://www.mhc.tn.gov.in/judis
