IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2009 CORAM: THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.O.P.No.23680 of 2007 and M.P.Nos. 1 & 2 of 2007 1. P.Murugesan 2. Rajendran .. Petitioners Versus State by Inspector of Police, Gangavalli Police Station, Salem District, Crime No. 74 of 2006. .. Respondent Petition filed under Section 407 Cr.P.C to withdraw the S.C.No. 78 of 2007 pending before the Assistant Sessions Judge-cum- Subordinate Court at Attur and transfer the same to any Court at Namakkal District. For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.R.Muniappa Raj, Govt.Advocate (Crl.side) O R D E R The above Criminal O.P.No.23680 of 2007 has been filed by the Petitioner to transfer the case in SC No.78 of 2007 pending on the file of the Assistant Sessions Judge cum Subordinate Court at Atthur to any Court at Namakkal district. 2. The Petitioner/accused-1 has filed an affidavit in support of the transfer petition stating that he has a sago factory and that he has purchased tapioca from the farmers and converted it into starch and sold it in the open market at Salem. In the year 2001, one M.R. Sundaram approached him and made an agreement that the said M.R. Sundaram will provide Tapioca to the petitioners factory and that the petitioner will convert the same to starch for which the said M.R.Sundaram should provide grinding charge to the petitioner. Further, in the course of business, the said M.R. Sundaram demanded 10 blank cheques as security. Trusting him, the https://hcservices.ecourts.gov.in/hcservices/ petitioner had given 10 blank cheques as security to continue the business. In the course of said business, a dispute arose between them. Hence, the petitioner filed a private complaint in CC No.1547 of 2005 before the Judicial Magistrate I, Athur. 3. The petitioner further submitted that the said M.R.Sundaram presented 3 cheques in his name, and 7 cheques were presented in the name of his relatives and subordinates. Besides, on the instruction of the said Sundaram, 5 police cases were registered on the petitioner herein on various crime numbers in various districts on the complaint of relatives and friends of the said M.R.Sundaram. Out of 5 criminal cases, one criminal case is pending before the Gangavalli police station in Crime No.74 of 2006. Charge sheet was also filed before the Judicial Magistrate Court II, Athur in P.R.C No.1 of 2007 and the same was transferred after committal proceedings to the Assistant Sessions Judge cum Sub-Judge, Athur and the same is pending as SC No.78 of 2007. 4. The Petitioner further submitted that he has furnished particulars regarding 8 cheque dishonour cases which are pending on the files of various Courts. Further, the petitioner has furnished particulars of 5 criminal cases which are pending at various police stations. Further, the petitioner has alleged that the said M.R.Sundaram was a member of assembly and used his political power and registered criminal cases against him. 5. The petitioner has further submitted that he has filed transfer petitions in all the cheque dishonour cases to the Judicial Magistrate Court, Rasipuram. Further he has filed 5 Criminal Original Petitions to investigate the criminal cases by some other investigating agency. Now, one of the criminal cases registered by the respondent police, is pending on the file of respondent police at Assistant Sessions Judge cum Sub-Judge, Athur in SC No.78 of 2007. It is alleged that the said M.R. Sundaram is a member of State Assembly and hence the police and advocates are fully cooperating with him. It is alleged that the said M.R. Sundaram is continuously disturbing the petitioner and his family members by way of foisting false complaints against him. The petitioner further submitted that his life is in danger in the hands of the respondent police and the said M.R. Sundaram. Hence the petitioner has sent representation to the higher authorities and human rights commission. Supporting his case, the petitioner has filed 5 F.I.R copies. 6. The respondent police has filed Counter statement and denied the petitioner's claim. The respondent police is not aware of the business transaction between the petitioner and one M.R.Sundaram. Regarding the transfer of the case from Athur to Namakkal, as the distance between the places is about 80 kms, it is highly impossible and risky to take the witnesses from Athur to Namakkal. For transferring the case, the reason is not valid. https://hcservices.ecourts.gov.in/hcservices/ 7. The Learned Counsel for the petitioner and Learned Counsel for the State advanced their arguments for their respective parties. 8. The entire contents of the petition and affidavit clearly discloses that the petitioner is facing eight cheque dishonour cases and five criminal cases which are all pending various Courts and various Police Stations. As per the petitioner's statement, all the cheque cases arose on a single transaction and 5 criminal cases are also pending at various courts. This happened due to enmity between the petitioner and the said M.R.Sundaram as alleged by the petitioner. Anyhow, the petitioner has come forward to face the cases. A person cannot appear before several Courts because his normal daily life will be affected. Hence, he is seeking transfer of only one case ie., in SC.No.78 of 2007, pending on the file of Additional Sessions Judge cum Subordinate Court at Athur to any other Court at Namakkal District. So, this Court decides to transfer the case in SC No.78 of 2007 to the Principal Subordinate Court, Namakkal. Accordingly, the transfer petition is allowed. Consequently, connected Miscellaneous Petitions are closed. mra Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Principal Sub Court, Namakkal. 2.The Asst Sessions Judge cum Sub Court, Attur. 3.The Cheif Judicial Magistrate, Salem. 4.The Inspector of Police, Gangavalli Police Station, Salem District 5.The Public Prosecutor, High Court, Madras LA(CO) SR/2.11.2009 Crl.O.P.No.23680 of 2007 and M.P.Nos. 1 & 2 of 2007 https://hcservices.ecourts.gov.in/hcservices/