1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.08.2011 CORAM THE HONOURABLE Ms.JUSTICE R.MALA Crl.O.P.(MD)NO.9275 of 2011 and M.P.(MD) No.1 of 2011 E.Antony Das George :Petitioners -Versus- 1.Rajasekar 2.Iyyappan 3.Kingsly 4.State represented by The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District. (Crime No.30/2009) :Respondents PRAYER:Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the joint trial in Cr.M.P.No.9079 of 2010 on the file of Judicial Magistrate, Boothapandi, C.C.No.178 of 2009, C.C.No.215 of 2009 and C.C.No.181 of 2009 on the file of the Judicial Magistrate No.II, Nagercoil and S.T.C.No.1841 of 2009 on the file of the Judicial Magistrate No.1, Tirunelveli and C.C.No.64 of 2011 on the file of the Judicial Magistrate No.1, Nagercoil by any of the competent Judicial Magistreate as may be directed by this Court. For Petitioner :Mr.T.A.Ebenezer For Respondents:Mr.K.V.Rajarajan,Government Advocate (Crl. Side) for R4 :Ms.S.Ragavendree for RR1 to RR3 ORDER This petition has been filed to direct the joint trial in Cr.M.P.No.9079 of 2010 on the file of Judicial Magistrate, Boothapandi, C.C.No.178 of 2009, C.C.No.215 of 2009 and C.C.No.181 of 2009 on the file of the Judicial Magistrate No.II, Nagercoil and S.T.C.No.1841 of 2009 on the file of the Judicial Magistrate No.1, Tirunelveli and C.C.No.64 of 2011 on the file of the Judicial Magistrate No.1, Nagercoil by any of the competent Judicial Magistrate as may be directed by this Court. 2.The learned counsel for the petitioner would submit that there are three cheque cases viz., C.C.Nos.178 of 2009, 215 of 2009 and C.C.No.181 of 2009 are pending before the learned Judicial Magistrate No.II, Nagercoil for the offence under Section 138 of the Negotiable Instrument Act and one cheque case viz., S.T.C.No.1841 of 2009 is pending before the learned Judicial Magistrate No.1, Tirunelveli for offence under Section 138 of the Negotiable Instrument Act and one case viz., Cr.M.P.No.9079 of 2010 is pending before the learned Judicial Magistrate, Boothapandi and one another case in C.C.No.64 of 2011 is also pending before the learned Judicial Magistrate No.1,Nagercoil between the petitioner and the respondents 1 to 3. 3.The learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 to 3 are consented for joint trial in all the cases before the learned Judicial Magistrate No.1, Nagercoil. 4.The learned Government Advocate (criminal side) would submit that he leave the matter to the Court. 5.I have considered the submission made on either side and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 2 6.Admittedly, there are six cases pending between the petitioner and the respondents 1 to 3, out of which, three cheque cases are pending before the learned Judicial Magistrate No.2, Nagercoil and one cheque case is pending before the learned Judicial Magistrate No.1, Tirunelveli and one case each is pending before the learned Judicial Magistrate No.1, Nagercoil and the learned Judicial Magistrate, Boothapandi respectively. The learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 to 3 have given consent for the joint trial in all cases before the learned Judicial Magistrate No.1, Nagercoil. 7.Considering the submissions made on either and considering the consent given by both side counsel, I am of the view that to meet the ends of justice, all the cases pending between the petitioner and the respondent 1 to 3 should be ordered for joint trial before the competent Judicial Magistrate. Hence, the cases in C.C.Nos.178 of 2009, 215 of 2009 and C.C.No.181 of 2009 pending before the learned Judicial Magistrate No.II, Nagercoil, the case in S.T.C.No.1841 of 2009 pending before the learned Judicial Magistrate No.1, Tirunelveli and the case in Cr.M.P.No.9079 of 2010 pending before the learned Judicial Magistrate, Boothapandi are transferred to the file of the learned Judicial Magistrate No.1, Nagercoil, to try all the said cases jointly along with the case in C.C.No.64 of 2011 pending before the learned Judicial Magistrate No.1, Nagercoil. The Judicial Magistrate No.2, Nagercoil is directed to transfer the cases in C.C.Nos.178 of 2009, 215 of 2009 and C.C.No.181 of 2009 pending on his file to the file of the learned Judicial Magistrate No.1, Nagercoil. The Judicial Magistrate No.1, Tirunelveli is directed to transfer the case in S.T.C.No.1841 of 2009 pending on his file to the file of the learned Judicial Magistrate No.1 and the learned Judicial Magistrate, Boothapandi is also directed to transfer the case in Cr.M.P.No.9079 of 2010 pending on his file to the file of the learned Judicial Magistrate No.1, Nagercoil. The above said exercise has to be carried out by the respective Judicial Magistrates within a period of 15 days from the date of receipt of a copy of this order. On receipt of the entire records of the above said 5 cases, the learned Judicial Magistrate No.1, Nagercoil, is directed to try all the 5 cases joint together along with the case in C.C.No.64 of 2011 pending on his file and dispose of all those 6 cases within a period six months from the date of receipt of the records from the respective Judicial Magistrates. 8.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari Dt. 2.The Judicial Magistrate No.1, Nagercoil. 3.The Judicial Magistrate No.2, Nagercoil. 4.The Judicial Magistrate, Boothapandi. 5.The Judicial Magistrate No.1, Tirunelveli. 6.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7.The Section Officer, Criminal Section, Madurai Bench of Madras High Court,Madurai. Arul Crl.O.P.(MD)NO.9275 of 2011 RP/10.08.2011/2P/8C. 03.08.2011 https://hcservices.ecourts.gov.in/hcservices/