The High Court observed that a second accused seeking transfer to the bank's jurisdiction should approach the court where the case is pending. The Criminal Original Petition was closed, granting liberty to approach the competent Magistrate.
Liberty granted to approach the learned Judicial Magistrate I, Dindigul, for transfer of the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2015
CORAM
THE HON'BLE MR.JUSTICE R.S.RAMANATHAN
Crl.O.P.No.6096 of 2015 and M.P.Nos.1 and 2 of 2015
Sivasandhar S/o.K.R.Kandasamy ...Petitioner/ A2
vs. Easwaran S/o.Kandasamy Gounder ...Respondent/Complainant
Criminal Original Petition filed under Section 407 of the Criminal Procedure Code praying to withdraw the complaint filed by the respondent herein in S.T.C.No.130 of 2013 pending on the file of learned Judicial Magistrate I, Dindigul and transfer the same to learned Judicial Magistrate I, Gobichettipalayam.
For Petitioner : Mr.R.Nalliyappan O R D E R
This petition is filed by the second accused in S.T.C.No.130 of 2013 on the file of learned Judicial Magistrate I, Dindigul, to transfer the said case to learned Judicial Magistrate I, Gobichettipalayam, stating that the impugned cheque was drawn on State Bank of India, Gobichettipalaym and therefore, as per the judgment of the Supreme Court the case has to be presented within the jurisdiction of the Bank which issued the cheque.
quoting the Supreme Court judgment for returning the papers for presentation before the appropriate Court or to forward the case to the learned Judicial Magistrate who has got jurisdiction having regard to the Bank which issued the cheque.
This Criminal Original Petition is closed with the above observation and the petitioner is granted liberty to approach the learned Judicial Magistrate I, Dindigul and sought for transfer on the basis of the Supreme Court judgment. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
gm
To
1. The Judicial Magistrate I,
Dindigul.
2. -Do- Through The Chief Judicial Magistrate,
Dindigul.
3. The Judicial Magistrate I,
Gobichettipalayam.
4. -Do- Through The Chief Judicial Magistrate,
Erode.
1 CC to Mr.R.Nalliyappan, Advocate SR.No. 13458
Crl.O.P.No.6096 of 2015
SV (CO)
PSI (20.03.2015)
1 issue framed by the court
Whether a second accused in a cheque bounce case must approach the Magistrate of the case's file location or file a fresh application for transfer based on banking jurisdiction.
1 provisions across 1 enactments
Sivasandhar S/o. K.R.Kandasamy
Easwaran S/o. Kandasamy Gounder
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
