Petitioner sought transfer of a cheque bouncing case under Section 407 CrPC alleging conflict with a concurrent cheating FIR. High Court rejected transfer, ruling that simultaneous investigation does not warrant transfer.
Transfer of the case was not granted; petition dismissed and connected petitions closed.
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 : 20.03.2017
CORAM THE HON'BLE MR. JUSTICE M.V.MURALIDARAN
CRL.O.P.No.30096 of 2010 and M.P.Nos.1 and 2 of 2010
V.Sureshbabu .. Petitioner
Vs
P.Duraisamy .. Respondent
PRAYER: Petition filed under Section 407 of the Code of Criminal Procedure to Transfer the Calender Case in C.C.No.696 of 2010 from the file of the Court of the Judicial Magistrate No.1, Coimbatore, to any other competent court in any other District.
The petitioner has filed this original petition under Section 407 of the Criminal Procedure Code to transfer the calender case in C.C.No.696 of 2010 from the file of Court of the Judicial Magistrate I, Coimbatore, to any other competent court in any other District.
issued three cheques valued at Rs.20 lakhs drawn on Axis Bank Limited. However, the said cheques were dishonoured on 6.2.2010 stating “insufficient funds”. Therefore, the respondent filed a complaint under Sections 138 and 142 of the Negotiable Instruments Act.
For the foregoing reasons, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/Deputy Registrar //True Copy// Sub Assistant Registrar vs
To:
The Judicial Magistrate No.1, Coimbatore.
CRL.O.P.No.30096 of 2010 and M.P.Nos.1 and 2 of 2010 rrs 29/10/2018
3 issues framed by the court
Whether a petition under Section 407 CrPC for transfer of a cheque bouncing case is maintainable merely on the ground that an FIR was simultaneously registered for cheating.
Whether the apprehension of no adjournment by the Magistrate constitutes a ground for transferring the case.
Whether a transfer of case on such grounds would be in the interest of justice.
3 provisions across 3 enactments
V.Sureshbabu
P.Duraisamy
M.V.Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.V.Muralidaran
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