D NANDAGOPAL Vs. G NESAMANI

JUDGEMENT

(1.) The petitioner has filed the above petition for a direction to the learned IV Additional Judge, City Civil Court, Chennai, to keep the final hearing of Crl.A.No.60 of 2009 in abeyance on the basis of the Memo filed by the learned counsel for the petitioner, till the Supreme Court takes the Special Leaves Petition filed by the petitioner "for admission".

(2.) Heard the learned counsel for the petitioner. He submitted that the petitioner's father earlier filed a private complaint against the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act, and the said private complaint was taken on file in C.C.No.9968 of 2005 and by judgment dated 23.3.2009, the respondent-accused was found guilty and convicted and sentenced to undergo imprisonment for one year and the respondent-accused was also directed to pay compensation of Rs.12 lakhs under Section 357(3) Cr.P.C. to the father of the petitioner. As against the said judgment of conviction and sentence, the respondent-accused preferred appeal in Crl.A.No.60 of 2009 before the City Civil Court.

(3.) During the pendency of the said Criminal Appeal, the petitioner's father died and the petitioner filed an application to implead himself as a party-respondent, along with his brothers and sisters, but the learned Fourth Judge, City Civil Court, Chennai, has not taken steps to pass orders in this application and hence he filed Crl.O.P.No.9268 of 2010 before this Court to direct the lower Court to pass orders in the impleading application and also to direct the learned Fourth Additional Judge of the City Civil Court, Chennai to pass orders on merits in Crl.M.P.No.6393 of 2009, but in the meanwhile, the petitioner also filed another petition before this Court in Crl.O.P.No.16933 of 2010 seeking for transfer of Crl.A.No.60 of 2009 from the file of IV Additional Judge of City Civil Court, Chennai to any other Court at Chennai.