Madras High Court
Haris vs Balakrishnan on 21 March, 2025
Crl.O.P (MD) No.15238 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
Crl.O.P(MD) No.15238 of 2024
and Crl.M.P(MD) No.9546 of 2024
Haris ... Petitioner
Vs.
Balakrishnan ...Respondent
PRAYER: Criminal Original petition has been filed under Section 528
of BNSS, 2023, to transfer S.T.C.No.550 of 2022 on the file of the
learned Judicial Magistrate No.II, Kulithalai to any other Jurisdictional
Magistrate in Trichy District.
For Petitioner : Mr.S.Vashik Ali
For Respondent : Ms.A.Zubaitha Banu
ORDER
This criminal original petition has been filed by the petitioner to
transfer the case in S.T.C.No.550 of 2022 on the file of the learned
Judicial Magistrate No.II, Kulithalai to any other Jurisdictional
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Magistrate in Trichy District.
2. The learned counsel appearing for the petitioner would submit
that the petitioner is the accused in the cheque case in S.T.C.No.550 of
2022 on the file of the learned Judicial Magistrate No.II, Kulithalai. In
this case, already P.W1 was examined and his evidence was closed and
thereafter, R.W1 was also examined. While so, the respondent herein has
filed an application before the Trial Court praying for an interim
compensation of 20% of the cheque amount and the same was allowed
by the Trial Court. Therefore, the respondent herein has filed an another
application to recover the 20% interim compensation from the petitioner
and the same is pending. Meanwhile, the case had reached the defence
side evidence and the petitioner has filed an application under Section
315 of Cr.P.C praying to permit him to examine as witness. The learned
Judicial Magistrate No.II has refused to receive the petition and
instructed the respondent counsel to withdraw the C.M.P.No.2166 of
2023 filed for recover of the compensation amount, so as to pronounce
the judgment immediately. Thought the petitioner's counsel prayed the
Court to pass order in the petition filed under Section 315 Cr.P.C.,
without even numbering the case insisted the respondent to withdrawn
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the C.M.P filed for recovery of 20% interim compensation. Therefore,
the Presiding Officer acting in favour of the respondent and thereby, the
petitioner has filed the petition to transfer the case.
3. The learned counsel appearing for the respondent would submit
that the petitioner has not came to the Court with clean hands and with
false allegation, he has filed this petition. The Trial Court has never
insisted the respondent to withdraw the case so that the Trial Court can
pass judgment immediately. Only to delay the proceedings, the petitioner
has filed this petition without any merits and therefore, this petition is
liable to be dismissed.
4. Heard both sides and perused the records.
5. The petitioner has filed the petition to transfer the case from the
Judicial Magistrate NoII, Kulithalai to some other competent Court to try
by raising some allegation against the Presiding Officer. This Court also
called for report from the Presiding Officer and the Presiding Officer has
denied the allegations levelled against her. Already both sides examined
the witnesses and now the case is at the ending stage. At this stage, the
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petitioner arises some allegations and the said allegations also denied by
the Presiding Officer. Without any valid reasons, the petitioner has
raised some allegations against the Presiding Officer and the same is not
appreciable. However, once there are some allegations raised against the
Presiding Officer, it is not appropriate to conduct the case before the
same Officer. Therefore, without accepting the allegations levelled by
the petitioner as against the Presiding Officer to meet the ends of justice,
this Court is inclined to allow this petition by transferring the case from
the learned Judicial Magistrate No.II, Kulithalai to the learned Judicial
Magistrate No.I, Kulithalai. The case in S.T.C.No.550 of 2022 is ordered
to be withdrawn from the Judicial Magistrate No.II, Kulithalai and
transfer to the file of the Judicial Magistrate No.I, Kulithalai. The
Judicial Magistrate No.II, Kulithalai is directed to sent the case bundles
along with the entire record to the Judicial Magistrate No.I, Kulithalai
within a week from the date of receipt of a copy of this order and
thereafter, the Judicial Magistrate No.I, Kulithalai has to dispose of the
case as early as possible preferably within a period of two months from
the date of receipt of the case bundles.
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6. Accordingly, this Criminal Original Petition is allowed.
Consequently, connected Criminal Miscellaneous Petition is closed.
21.03.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
Mac
To
1. The Judicial Magistrate No.I, Kulithalai
2. The Judicial Magistrate No.II, Kulithalai
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P. DHANABAL, J.
Mac
and Crl.M.P(MD) No.9546 of 2024
21.03.2025
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