1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.273 of 2011 And M.P.(MD).No. 1 of 2011 Chellavel ... Petitioner/Sole Accused Vs 1. Sasikumar 2. The State of Tamil Nadu Rep. by the Public Prosecutor Nagercoil. ... Respondents PRAYER: Petition filed under Section 407 of the Code of Criminal Procedure, to set aside the order passed by the learned Sessions Judge, Kanyakumari Division at Nagercoil in Crl.M.P.No. 3178 of 2010 in C.C.No. 174 of 2004, dated 8.10.2010 and transfer the case in C.C.No. 174 of 2004 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, to the learned Judicial Magistrate No.II, Nagercoil. For Petitioner : Mr.S.Deenadhayalan For 1st Respondent : Mr.T.Jeen Joseph For 2nd Respondent : Mrs.S.Devasena,Government Advocate (Crl. Side) O R D E R This petition has been filed to set aside the order passed by the learned Sessions Judge, Kanyakumari Division at Nagercoil, in Crl.M.P.No. 3178 of 2010 in C.C.No. 174 of 2004, dated 8.10.2010 and to transfer the case in C.C.No. 174 of 2004 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, to the learned Judicial Magistrate No.II, Nagercoil. 2. Heard Mr.S.Deenadhayalan, learned counsel appearing for the petitioner, Mr.T.Jeen Joseph, learned counsel appearing for the first respondent and also Mrs.S.Devasena, learned Government Advocate (Crl. Side), appearing for the second respondent. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is aged about 67 years and he is the sole accused in C.C.No. 174 of 2004 pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, for the alleged offences under Sections 138 and 142 of Negotiable Instruments Act. He would further submit in his argument that due to acute illness, the petitioner is not in a position to appear before the said Court for each and every hearing and to that effect, he has also referred the Medical Certificate produced by him. He would further submit in his argument that the petitioner has filed a Petition to transfer the case in Crl.M.P.No. 3178 of 2010 before the learned Sessions Judge, Kanyakumari Division at Nagercoil and the https://hcservices.ecourts.gov.in/hcservices/ 2 same was dismissed by the said Court, on 08.10.2010. He would also submit in his argument that against the said order, the petitioner has preferred this Petition seeking to set aside the same made in Cr.M.P.No. 3178 of 2010, dated 08.10.2010 and to transfer the case in C.C.No. 174 of 2004 to the file of the learned Judicial Magistrate No.II, Nagercoil. 4. The learned counsel appearing for the first respondent would submit in his argument that the first respondent / complainant has filed a complaint against the petitioner, which was taken on file in C.C.No. 174 of 2004, under Sections 138 and 142 of the Negotiable Instruments Act, by the learned Judicial Magistrate No.I, Kuzhithurai. He has no objection for transfering the case from the file of the learned Judicial Magistrate No.I, Kuzhithurai, to the file of the learned Judicial Magistrate, Padmanabapuram, but time frame may be fixed for its disposal. 5. The learned Government Advocate (Crl. Side) appearing for the second respondent would submit in her argument that the State is not concerned in this case and suitable orders may be passed in the circumstnaces of the case. 6. Considering the submissions made by either side, this Court could see that the petitioner is aged about 67 years and he is taking treatment for Diabetic Mellulits with hephrapthy and Hypertension and he is not able to travel around 40 kms to attend the hearing at Kuzhithurai and he has also prodcued a Medical Certificate before the Lower Court. Therefore, the petitioner has filed a Petition to transfer the case in Crl.M.P.No. 3178 of 2010 before the learned Sessions Judge, Kanyakumari Division at Nagercoil and however the said Court did not accept reasons and the same was dismissed by the said Court, on 08.10.2010. The learned counsel appearing for the first respondent stated no objection for transfering the case to the file of the learned Judicial Magistrate, Padmanabapuram and therefore, there could not be any serious prejudice caused to the first respondent if the case is ordered to be transferred with a direction to dispose of the case within a time frame in order to help both parties to have a fair trial with free mind to conduct the case. Accordingly, the case pending before the learned Judicial Magistrate No.I, Kuzhithurai, in C.C.No. 174 of 2004, is ordered to be transferred to the file of learned Judicial Magistrate, Padmanabhapuram. 7. Accordingly, the case in C.C.No. 174 of 2004 pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, is ordered to be transferred to the file of the learned Judicial Magistrate, Padmanabhapuram and the transferor Court, namely, the learned Judicial Magistrate No.I, Kuzhithurai, is directed to duly index all the records and to send the case records to the transferee Court, Padmanabhapuram, within a period of one week from the date of receipt of a copy of this order. The transferee Court, namely, the learned Judicial Magistrate, Padmanabhapuram, is also directed to receive the said papers and to post the case within a period of one week from the date of receipt of the records and to proceed with the case in accordance with law and to dispose the case within a period of two months from the date of receipt of the records and to report the compliance to this Court. https://hcservices.ecourts.gov.in/hcservices/ 3 With the above said observation and direction, the petition sought for the transfer of the case is disposed of. Consequently, connected Miscellaneous Petition is closed. SD ASST REGISTRAR ( CRL SIDE ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The Judicial Magistrate,NO. I, Kuzhithurai, Kanyakumari District. 2. The Judicial Magistrate,NO. Padmanabhapuram, Kanyakumari District. 3. The Public Prosecutor,State of Tamil Nadu, Nagercoil 4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai COPY TO: THE SECTION OFFICER, CRL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ( TO WATCH FOR THE REPORT) 1CC TO MR. S. DEENADAYALAN, ADVOCATE, SR: 5130. 1CC TO MR. T. JEEN JOSEPH, ADVOCATE, SR: 5136: DM:2011:FEB:14: Crl.O.P.(MD).No.273 of 2011 09.02.2011 3P:8C:: https://hcservices.ecourts.gov.in/hcservices/