Madras High Court
Standard Fire Work (P) Ltd vs N.Govindaraj on 3 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.5136 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.5136 of 2023
and Crl.M.P.No.3235 of 2023
Standard Fire Work (P) Ltd.,
through its Power Agent,
Having registered office at
Mr.Amose Jeyasingh
D.No.1/3, G. Thiruthangal Road,
Sivakasi Taluk,
Virudhunagar District.
Branch Office :-
D.No.43, Aanderson Street,
Chennai. ... Petitioner
Vs.
N.Govindaraj ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C., to issue appropriate direction to withdraw the case pending in
C.C.No.1487 of 2019 on the file of the learned IV FTC Metropolitan
Magistrate, George Town, Chennai and to transfer the same to the file of
learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District.
For Petitioner : Mr.G.Mariappan
For Respondent : Mr.S.Marshal
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Page 1 of 6
Crl.O.P.No.5136 of 2023
ORDER
This petition has been filed for seeking transfer of trial in
C.C.No.1487 of 2019 from the file of the IV Fast Track Court,
Metropolitan Magistrate, Gorge Town, Chennai to the file of the Judicial
Magistrate Court No.1, Sivakasi, Virudhunagar District.
2. The petitioner is the complainant and he lodged complaint
as against the respondent for the offence punishable under Section 138 of
the Negotiable Instruments Act (hereinafter referred to as “the NI Act”),
as against the respondent in C.C.No.1487 of 2019 and it is pending
before the IV Fast Track Court, Metropolitan Magistrate, Gorge Town,
Chennai. The petitioner also filed another two complaints as against the
very same respondent for the offence under Section 138 of NI Act and
both the complaints are pending in S.T.C.Nos.1065 of 2019 and 1066 of
2019 on the file of the learned Judicial Magistrate No.I, Sivakasi.
3. The learned counsel appearing for the respondent submitted
that the cheques involved in all the three complaints were obtained in the
police station under the head of the Deputy Commissioner of Police.
Therefore, in order to sustain the said defence, the respondent has to
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examine the concerned police official. If the case is transferred to
Sivakasi, it is difficult for them to bring the police official on the side of
the respondent.
4. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
5. Admittedly, other two complaints are pending on the file of
the Judicial Magistrate Court No.I, Sivakasi, in S.T.C.Nos.1065 & 1066
of 2019, as against the very same respondent and the respondent attended
the trial Court. Though the witnesses are staying in Chennai, it is not a
ground to deny the request made by the petitioner, since two other
connected cases are pending on the file of the Judicial Magistrate Court
No.I, Sivakasi. Therefore, common trial would be benefited for both the
petitioner and the respondent herein in all complaints.
6. In view of the above, the case in C.C.No.1487 of 2019, is
hereby withdrawn from the file of the IV Fast Tack Court, Metropolitan
Magistrate, George Town, Chennai, and transferred to the file of the
Judicial Magistrate Court No.I, Sivakasi, Virudhunagar. The learned
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Judicial Magistrate Court No.I, Sivakasi, Virudhunagar, is directed to
conduct joint trial in all three cases and dispose the same within a period
of six months from the date of receipt of the entire bundle from the IV
Fast Tack Court, Metropolitan Magistrate, George Town, Chennai (now
transferred to III Metropolitan Magistrate, George Town, Chennai). It is
made clear that the respondent in order to substantiate his defence, can
examine any of the police official from Chennai. The personal
appearance of the respondent is dispensed with and he shall be
represented by a counsel after filing appropriate application. The
respondent shall be present before the Court below at the time of
furnishing of copies, framing charges, questioning under Section 313
Cr.P.C., and at the time of passing judgment.
7. With the above directions, the Criminal Original Petition
stands allowed. Consequently, connected miscellaneous petition is
closed.
03.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rts
https://www.mhc.tn.gov.in/judis
To
1. The IV FTC Metropolitan Magistrate,
George Town, Chennai.
2. The Judicial Magistrate No.I,
Sivakasi, Virudhunagar District.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
rts
03.02.2025
https://www.mhc.tn.gov.in/judis
