Dismissed

Q.Nuhman ,Aged 42 Yrs, v. Caravel Logistics Pvt.Ltd

Madras HC20 Dec 2021CRL OP/8244/2017

Case brief

AI extract

What is this about?

This single-paragraph order dismisses a Criminal Original Petition filed under Section 482 CrPC seeking to set aside an earlier order rejecting a plea to transfer a cheque dishonour case due to jurisdiction. The Court held that the plea to transfer merely aimed at prolonging proceedings.

What did the court decide?

Criminal Original Petition dismissed; direction to Trial Court to dispose of main case within 3 months.

Q.Nuhman ,Aged 42 Yrs, Vs Caravel Logistics Pvt.Ltd — Cheque Dishonour | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Crl. O.P. No.8244 of 2017 and CRL.M.P.No.5922 of 2017

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Q.Nuhman ...Petitioner

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Vs.

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Caravel Logistics Private Limited Rep by Ms.N.Dhanya, Manager-Legal “Pantheon Plaza” 484, Pentheon Road, Egmore, Chennai-600 008.

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Naushie Exports No.55, New street, Kottar, Nagercoil-629 002.

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Q.Luqman ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to set aside the order dated 31.01.2017 in Crl.M.P.No.4881/2016 in C.C.No.6037 of 2012 pending on the file of the Fast Track Court No.1, Egmore at Allikulam.

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For Petitioner : Mr.C.Rajan For Respondents : Mr.T.V.Suresh Kumar for M/s.Genicon & Associates for R1

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ORDER

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This petition has been filed to set aside the order dated 31.01.2017 in Crl.M.P.No.4881 of 2016 in C.C.No.6037 of 2012 rejecting the contention of the accused to transfer the case on the point of jurisdiction.

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Learned counsel for the petitioner submitted that despite the notice of intimation sent to the petitioner, he has not received any instructions from him to proceed the matter. The copy of the notice of intimation sent to the https://hcservices.ecourts.gov.in/hcservices/ petitioner is also placed before this Court.

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It is well settled principle that, after the Negotiable Instruments (Amendment) Act, 2015, the Court within whose jurisdiction the complainant's bank is situated will have the jurisdiction to try the offence where the cheque is presented for payment

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In such view of the matter, the petition filed to transfer the case on the point of jurisdiction is nothing but to prolong the proceedings. Accordingly, this Criminal Original Petition is dismissed with a direction to the Trial Court to dispose of the main case within a period of three(3) months from the date of receipt of a copy of this order. Consequently connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar (CCC)

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//True Copy//

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Sub Assistant Registrar

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msv/nr

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The Fast Track Court No.1, Egmore at Allikulam.

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Crl. O.P. No.8244 of 2017 and CRL.M.P.No.5922 of 2017

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PM (CO) PR (20/01/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Q.Nuhman ,Aged 42 Yrs, v. Caravel Logistics Pvt.Ltd

Case brief

What is this about?

What did the court decide?

Q.Nuhman ,Aged 42 Yrs, v. Caravel Logistics Pvt.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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