UDHAYAM MOTORS Vs. P RAMANATHAN

JUDGEMENT

(1.) Seeking to transfer the case in S.T.C.No.41 of 2007 pending on the file of the learned Judicial Magistrate, Uthamapalayam, to the file of the Special Court under the Tamilnadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Madurai, to be tried along with C.C.No.6 of 2009 pending on the file of the said Court, the petitioners who are the accused in both the cases, have come forward with this petition.

(2.) According to the facts involved in the case, the petitioners collected deposits from various parties and failed to repay the same. In respect of the same, a case was registered by the police and the charge sheet was laid before the Special Court under the Tamilnadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Madurai, in C.C.No.6 of 2009 for the offences committed as per the provisions of the said Act. The said case is pending trial.

(3.) It is also brought to the notice of this Court that in respect of the deposited amount, the petitioners gave a cheque to the first respondent herein. On presentation, the said cheque was dishonoured which resulted in prosecution of the petitioners in S.T.C.No.41 of 2007 on the file of the learned Judicial Magistrate, Uthamapalayam, for the offence under Section 138 of the Negotiable Instruments Act.