Mrs.Jeanne D Arc vs R.J.Rajkumar
2023 Latest Caselaw 8638 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 19.07.2023

                                                         CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P No.16032 of 2023
                                       and Crl.M.P Nos.10046 and 10049 of 2023

            Mrs.Jeanne D Arc, F/60
            W/o Sajimon Xavier                                                    Petitioner/Respondent

                                                   vs.

            R.J.Rajkumar
            S/o.Mr.Jayaraman                                                    Respondent/Complainant

            PRAYER: Criminal Original Petition filed under Section 482 of the Code of
            Criminal Procedure, to withdraw the STC.No.251/2022, on the file of the Hon'ble
            Judicial Magistrate Fast Track Court at Magistrate Court level, Thanjavur and to
            transfer the same to the file of the Hon'ble Magistrate Court at Puducherry.

                                      For Petitioner     : Mr.S.Senthil Kumar



                                                     ORDER

This Criminal Original Petition has been filed seeking to transfer the case in

STC.No.251 of 2022, pending on the file of the Judicial Fast Track Court at

Magisterial Level, Thanjavurto any other Court at Puducherry.

2.Heard Mr.D.Senthil Kumar, learned counsel for the petitioner. https://www.mhc.tn.gov.in/judis 2 of 4

3.The petitioner is facing trial on a private compliant filed by the respondent

for offence u/s 138 of the Negotiable Instruments Act, 1881. The main ground that

has been projected by the petitioner is that he is suffering from some ailment and he

is not in a position to travel every time for the hearing at Thanjavur, which is 118

kms from his residence. Therefore, the petitioner wants the case to be transferred.

4.In the considered view of this Court, it is not necessary to transfer the case

for the reasons assigned by the petitioner. It will suffice, if the petitioner is permitted

to be represented through a counsel to defend the case in STC.No.251 of 2022. The

counsel representing the petitioner shall cross examine the witnesses on the same day

they are examining in chief. The petitioner shall be present before the Court below at

the time of questioning u/s 313 of Cr.PC., and at the time of passing final judgment.

On all the other occasions, the petitioner shall be represented through a counsel.

5.This criminal original petition is disposed of in the above terms.

Consequently, connected Miscellaneous Petitions are closed.

                                                                                          19.07.2023
            Index      : Yes/No
            Internet   : Yes/No
            Speaking Order/Non-Speaking Order
            KP

https://www.mhc.tn.gov.in/judis
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            To

1. Judicial Magistrate Fast Track Court at Magistrate Court level, Thanjavur

2.Magistrate Court at Puducherry.

https://www.mhc.tn.gov.in/judis 4 of 4

N. ANAND VENKATESH,. J.

KP

Crl.O.P No.16032 of 2023 and Crl.M.P Nos.10046 and 10049 of 2023

19.07.2023

https://www.mhc.tn.gov.in/judis