The High Court disposed of a Criminal Original Petition for the transfer of a cheque dishonour case. Instead of granting transfer, the Court directed the Magistrate to dispose of the case within one month.
The Criminal Original Petition is disposed of with a direction to the Judicial Magistrate to dispose of the case within one month.
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 : 26.04.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.26742 of 2015 and Crl.M.P.No.4562 of 2016
K.Manimaran ... Petitioner Vs. G.Sarangapani ... Respondent Prayer: Criminal Original Petition is filed under Section 407 (a)(c)(ii) and 2 of Cr.P.C., to transfer the case in S.T.R.No.12594 of 2011 on the file of the learned Judicial Magistrate No.II, Pondicherry to any of the Fast Track Court in Chennai.
For Petitioner : Mr.Gilbert C.Pereira For Respondent : Mr.P.Kumaresan O R D E R
This petition is filed for transfer the case in S.T.R.No.12594 of 2011 on the file of the learned Judicial Magistrate No.II, Pondicherry to any of the Fast Track Court in Chennai.
2.Learned counsel for the petitioner submits that the petitioner has been facing criminal trial for an offence under Section 138 of Negotiable Instruments Act. Even though he has come forward with this petition for transfer the case from the Judicial Magistrate's Court No.II, Pondicherry to any of the Fast Track Court in Chennai, at the time of arguments, he sought for early disposal of the case in S.T.R.No.12594 of 2011.
3.Recording the submissions so made by the learned counsel for the petitioner, the learned Judicial Magistrate No.II, Pondicherry, is directed to dispose S.T.R.No.12594 of 2011 within a period of one month from the date of receipt of https://hcservices.ecourts.gov.in/hcservices/ a copy of this order.
4.The Criminal Original Petition is disposed of with the above direction. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
kj
To
1. The Judicial Magistrate No.II,
Pondicherry.
2. The Public Prosecutor
High Court, Chennai.
+1cc to Mr.M.Saravana Kumar, Advocate, S.R.No.26088
+1cc to Mr.P.Kumaresan, Advocate, S.R.No.26153
Crl.O.P.No.26742 of 2015
and
Crl.M.P.No.4562 of 2016
JSV(CO)
CA(17/05/2016)
1 issue framed by the court
Whether to grant relief for transfer of the criminal trial from the Judicial Magistrate's Court at Pondicherry to a Fast Track Court in Chennai.
2 provisions across 2 enactments
K. Manimaran
G. Sarangapani
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
