Jakeerali vs Saravanakumar
2022 Latest Caselaw 15068 Mad

                                                                             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

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

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

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