1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD).No.26 of 2011 And M.P.(MD).No. 1 of 2011 Ravichandran ...Petitioner -Vs- Baskaran ...Respondent PRAYER: Petition filed under Section 397 read with 401 of the Code of Criminal Procedure, to set aside the order passed by the learned District Session Judge, Pudukkottai in Cr.M.P.No. 1195 of 2010 dated 07.10.2010. For Petitioner : Mr.B.Chandra Mohan For Respondent : Mr.B.S.Meltiue O R D E R The revision petitioner is the complainant in C.C.No. 337 of 2010 on the file of the Court of Judicial Magistrate, Pudukottai and it has been filed under Section 138 of the Negotiable Instruments Act, to prosecute the respondent/accused. 2. The respondent herein filed Cr.M.P.No. 1195 of 2010 on the file of the Court of Principal Sessions Court, Pudukottai, praying for transfer of the above said Calendar Case to the file of the Court of Judicial Magistrate, Pudukottai stating that he suffering on account of Ulcer and other related ailments for the past two years and also undergone operation at Government General Hospital, Chennai and also continuously taking medical treatment. It is further stated by the learned counsel appearing for the revision petitioner that at present, he is staying at Pudukottai, since the case is being tried at the Court of Judicial Magistrate, Aranthanki and hence, he is not in a position to undergo travel and in the event of the same, the health may further deteriorate and citing the said ground, prayed for transfer of the case from the file of the Court of Judicial Magistrate, Aranthanki, to the file of the Court of Judicial Magistrate, Pudukottai. 3. The revision petitioner/complainant, who is the respondent in the said transfer petition, strongly opposed it by filing the counter that he himself got abcess in his brain and got admitted in Christian Medical College, Vellore, as an in-patient between 20.11.2008 and to 15.12.2008 and he has also undergone the operation and consequently he is not in a position to travel from Aranthanki to Pudukottai, in the event of the case being transferred. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Principal Sessions Judge, Pudukottai, on taking into consideration into the averments made in the petition and counter, has transferred the case from the file of the Court of Judicial Magistrate, Aranthanki to the file of the Court of Judicial Magistrate, Pudukottai. Challenging the vires of the same, the complainant has preferred this Revision. 5. The learned counsel appearing for the revision petitioner/complainant has drawn the attention of this Court to the discharge summary issued to the revision petitioner, wherein it has been stated among other things that "he developed left sided chronic subdural hematoma with no mass effect or midline shift. There was a small cyst ( 1 cm x 1 cm) in the anterior third ventricle. CT scan done on 30.09.2008 showed a 1.6 x 1.5 x 1.5 cm colloid cyst in the anterior third ventricle. It was hyperdense on CT. The temporal horns were prominent bilaterally. There was increase in size of the colloid cyst as compared to the scan done in April 2008 (1.1 x 1.0 x 1.0 cm)". 6. The further submission of the learned counsel appearing for the revision petitioner is that though the respondent claims that he is residing at Door No. 48/1, Bose Nagar, 12th Street, Pudukottai Town, the notice sent on his behalf returned with an endorsement "no such address". Hence, according to the learned counsel appearing for the revision petitioner, the respondent is no longer residing in the above said address and the said address has been used only for the purpose of filing the petition for transfer. 7. Per contra, the learned counsel appearing for the respondent would submit that the petitioner had undergone operation for ailment and other related ailments at Government General Hospital, Chennai and as per the Doctor advise, he is staying at Pudukottai and continuing his treatment and since he could not undergo travel from Pudukottai to Aranthanki, the transfer petition was rightly ordered by the learned Principal Sessions Court, Pudukottai. 8. The Court has carefully considered the rival submissions and also perused the materials available on record in the form of typed set of documents. A perusal of the discharge summary would indicate that the petitioner had developed some ailments in his brain and in fact, it was also operated upon by the Christian Medical College, Vellore and he is under treatment. The revision petitioner/complainant/PW-1 is yet to be cross-examined and therefore, his presence is necessary for that purpose. 9. It is pertinent to point out at this juncture, the presence of the accused is necessary for answering the question under Section 313 of Cr.P.C., and for pronouncement of Judgment and in between, for sufficient and valid reasons, his personal appearance can be dispensed with by the concerned Court. 10. This Court taking into consideration the facts and circumstances of the case is of the view that the case pending on the file which is transferred and pending on the file of the Court of Judicial Magistrate, Pudukottai is to be once again transferred to the Court of Judicial Magistrate, Aranthanki. https://hcservices.ecourts.gov.in/hcservices/ 3 11. In the result, this Criminal Revision Petition is allowed and the order, dated 07.10.2010 passed by the learned Principal Sessions Court, Pudukottai, is set aside and the case in C.C.No. 337 of 2010 pending on the file of the Court of Judicial Magistrate, Pudukottai is transferred to the file of the Court of Judicial Magistrate, Aranthanki. Consequently, connected Miscellaneous Petition is closed. No costs. 12. Since the Calendar Case originally instituted in the year 2007, the Court of Judicial Magistrate, Aranthanki, is directed to give preference for early disposal of the case. 13. Since it is represented by the learned counsel appearing for the respondent/accused that he has also suffering on account of Ulcer and other related ailment, his personal appearance is dispensed with. However, he shall appear before the Court of Judicial Magistrate, Aranthanki, as and when his presence is required. vsg Sd/- Deputy Registrar[Accounts] /True copy/ TO Assistant Registrar 1. The Principal District and Sessions Judge, Pudukkottai. 2. The Judicial Magistrate, Pudukottai. 3. The Judicial Magistrate, Aranthanki. +1 cc to Mr.B.Chandramohan, Advocate SR.No.19906. +1 cc to Mr.B.S.Meltiue, Advocate SR.No.19923. Crl.R.C.(MD).No.26 of 2011 And M.P.(MD).No. 1 of 2011 Dated:22.06.2011 3P/6C RPB 04.07.2011 https://hcservices.ecourts.gov.in/hcservices/