Madras High Court
M.Mohammed Ismail vs Chidambaram on 17 July, 2023
Crl.O.P.(MD)No.10774 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:17.07.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN
Crl.O.P.(MD)No.10774 of 2023
and
Crl.M.P. (MD) No.8583 of 2023
M.Mohammed Ismail ... Petitioner
Vs.
Chidambaram ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to transfer the appeal case in Crl.A.No.56 of
2023 pending before the learned Additional District Judge (FTC),
Tenkasi, to any other neighboring district Court.
For Petitioner : Mr.R.Anandharaj
For Respondent : Mr.L.George Paul Anto
ORDER
This petition is filed seeking for transfer of criminal case in
Crl.A.No.56 of 2023, pending before the learned Additional District
Judge (FTC), Tenkasi, to any other Court of the neighboring district.
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Crl.O.P.(MD)No.10774 of 2023
2. The facts in brief as submitted by the learned counsel for the
petitioner are that the respondent has filed a complaint against the
petitioner under Section 138 of the Negotiable Instruments Act, 1881 (in
short "N.I.Act)", in C.C.No.389 of 2014 and same was disposed of
finding the petitioner guilty of offences under Sections 138 of N.I.Act
and sentenced him to suffer Simple Imprisonment for a period of two
years and to pay a fine amount of Rs.20,00,000/- (Rupees Twenty Lakhs
only). Aggrieved by the same, the petitioner has preferred the appeal in
Crl.A.No.56 of 2023 and same is pending on the file of the Additional
District and Sessions Court, Tenkasi.
3. It is submitted by the learned counsel for the petitioner that the
respondent has also filed O.S.No.93 of 2017 on the file of learned
Additional District Judge (FTC), Tenkasi, seeking for recovery of money
from the petitioner and after the full-fledged trial, the said suit was
decreed on 29.03.2023.
4. It is submitted that learned Additional District Court, Tenkasi,
who has disposed of O.S.No.93 of 2017 against the petitioner is now
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Crl.O.P.(MD)No.10774 of 2023
entrusted with the disposal of Crl.Appeal No.56 of 2023. Learned
counsel for the petitioner has respectfully submitted that thus the
petitioner does not have any grievance against the learned Judge, it is
only his apprehension that since he lost the case in O.S.No.93 of 2017,
the same result may likely to come. Learned counsel for the respondent
has not seriously opposed the submissions of the learned counsel for the
petitioner.
5. This Court has gone through the judgment of the trial Court
disposed of by the Additional District Court, Tenkasi and other
connected documents. The rules of evidence to prove civil case and that
of criminal case are totally different. Further, O.S.No.93 of 2017 has
already been disposed of. While appreciating the submissions of the
learned counsel for the petitioner that he does not have any grievance
against the Presiding Officer, this Court is of the opinion that it is always
better to see that the Presiding Officer who has taken a decision in a
dispute between two parties in respect of one transaction may not be
entrusted with to dispose another case between the same parties in
respect of same transaction, as it may likely to embarrass the Presiding
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Crl.O.P.(MD)No.10774 of 2023
Officer. There is also possibility that the result of the civil case will get
influenced while deciding the criminal appeal.
6. In view of the above, this Court is inclined to consider the
request of the petitioner in transferring Crl.A.No.56 of 2023 to another
Court in neighboring district. During the course of submissions, both the
learned counsel for the parties have agreed that they have no objection to
transfer Crl.A.No.56 of 2023 to the Principal District and Sessions Court,
Tirunelveli. Recording the same, this petition is disposed of.
Consequently, the connected miscellaneous petition is closed. Learned
Principal District and Sessions Court, Tirunelveli, is directed to dispose
of the criminal appeal in Criminal Appeal No.56 of 2023 as
expeditiously as possible not later than three months from the date of
receipt of a copy of this order.
17.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PKN
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10774 of 2023
To
The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10774 of 2023
DR.D.NAGARJUN,J
PKN
Crl.O.P.(MD)No.10774 of 2023
Dated:17.07.2023
https://www.mhc.tn.gov.in/judis
