BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.OP(MD)No.13813 of 2011 And MP(MD)No.1 of 2011 G.Sornavalli :Petitioner/Accused 2. -Vs- 1.Mrs.M.Mangaiyarkarasi 2.S.Ganesa Kurukkal :Respondents/Complainant PRAYER:Petition is filed under Section 482 of the Code of Criminal Procedure to withdraw the C.C.No. 208 of 2010 on the file of the Judicial Magistrate III, Tiruchirapalli, and transfer the same to the file of jurisdictional Court at Pudukkottai. For Petitioner : Mr.G.R.Swaminathan ORDER Seeking a direction to withdraw the C.C.No.208 of 2010 on the file of the Judicial Magistrate III, Tiruchirapalli, and transfer the same to the file of jurisdictional Court at Pudukkottai, the petitioner has come forward with this Petition. 2.The petitioner is the second accused in the said case and the second respondent herein is the first accused and the first respondent is the complainant. It is the case instituted a private complaint for offence under Section 138 of the Negotiable Instruments Act. 3.The only ground raised in this Petition is that the learned Judicial Magistrate No.III, Tiruchirapalli, has got no territorial jurisdiction to entertain the case since there was no cause of action within the territorial jurisdiction of the learned Judicial Magistrate, Tiruchirapalli. 4.In my considered opinion, the issue as to whether the learned Judicial Magistrate No.III, Tiruchirapalli, has got territorial jurisdiction and whether there has been cause of action within the jurisdiction of the said Magistrate, cannot be taken as a ground for transferring the case. 5.As of now the order taking cognizance is not under challenge. In such view of the matter, this Court cannot give any finding as to whether the learned Judicial Magistrate No.III, Tiruchirapalli, has got jurisdiction or not. Therefore the only ground raised by the petitioner for transfer is rejected. 6.Accordingly, this Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To:The Judicial Magistrate No:III, Trichy. Vsg Crl.O.P.(MD).No. 13813 of 2011 And MP(MD).No. 1 of 2011 RP/08.11.2011/1P/3C.18.10.2011 https://hcservices.ecourts.gov.in/hcservices/