T.V. MYLSAMY Vs. R. MEENAKSHI SUNDARAM

JUDGEMENT

(1.) LEAVE granted.

(2.) THE main challenge to the impugned judgment of the High Court, dated 26-9- 2003 is to the extent it directs the transfer of CC No. 181 of 2003 on the file of the Court of the Judicial Magistrate No. VI, Coimbatore to the Court of the Judicial Magistrate No. II, Coimbatore for joint trial of both CCs Nos. 67 of 2002 and 181 of 2003. The direction for the transfer as aforesaid as also joint trial can be appreciated only if the background of the controversy between the parties is briefly noted.

(3.) ON 12-3-2003, a complaint CC No. 181 of 2003, was filed under Section 200 CrPC by the respondent against the first appellant, his wife and another, inter alia, alleging intimidation on 7-3-2003 by the accused in the said complaint and also alleging forgery of the cheque in question by the first appellant. The case of the respondent in the complaint is that Cheque No. 614411 was for a sum of Rs. 2 lakhs and was dated 21-5-2001 and not for Rs. 42 lakhs and dated 21-8-2001. It is for quashing of this complaint (CC No. 181 of 2003) that the appellants had moved the High Court by preferring a petition under Section 482 CrPC. The petition was filed by the appellants-husband and wife. While dismissing the petition for quashing, which order we are not inclined to interfere with, the High Court directed the transfer and joint trial, as abovenoticed, namely, the joint trial of complaint dated 12-3-2003 filed by the respondent with the complaint filed under Section 138 of the Negotiable Instruments Act which the first appellant had filed on 23-1-2002.