P SHANMUGAVEL Vs. K S KUMAR

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to set aside the order passed in Tr.C.M.P.No.524 of 2010, dated 11.06.2010 on the file of the Principal Sessions Court, Trichy and to transfer the case in C.C.No.77 of 2009 on the file of the Judicial Magistrate No.II, Trichy to the file of the Judicial Magistrate, Musiri to conduct joint trial along with the connected case in C.C.No.9 of 2010 on the file of the Judicial Magistrate, Musiri.

(2.) The learned counsel appearing for the petitioner would submit that he filed a transfer petition in Tr.C.M.P.No.542 of 2010, before the Principal Sessions Judge, Trichy to transfer the case in C.C.No.77 of 2009 on the file of the Judicial Magistrate No.II, Trichy to the file of the Judicial magistrate, Musiri with a direction to conduct a joint trial along with C.C.No.9 of 2010 on the file of the Judicial Magistrate, Musiri; but the Principal Sessions Judge instead of dismissing the application, transferred the case in C.C.No.9 of 2010 from the file of the Judicial magistrate, Musiri to the file of the Judicial Magistrate No.II, Trichy with a direction to conduct a joint trial along with C.C.No.77 of 2010 pending on the file of the Judicial Magistrate No.II, Trichy. Aggrieved over the said order, the petitioner has come forward with the present petition.

(3.) The learned counsel appearing for the petitioner would contend that both the parties are residing at the jurisdiction of Musuiri and the entire transaction has been taken place at Musiri; case in C.C.No.77 of 2009 on the file of the Judicial Magistrate No.II, Trichy is concerned, a cheque has been presented at Indian Overseas Bank, Kattuputhur Branch, hence, he prayed for transferring the case from the file of the Judicial Magistrate No.II, Trichy to the file of the Judicial Magistrate, Musiri with a direction to conduct a joint trial along with C.C.No.9 of 2010. He would further submit that the case in C.C.No.9 of 2010 is concerned, the Inspector of Police, Kattuputhur Police has filed a charge sheet, after investigating the matter in crime No.162 of 2009 for the similar set of facts. Hence, instead of transferring the case in C.C.No.9 of 2010, from the file of the Judicial Magistrate, Musiri, to the file of the Judicial Magistrate No.II, Trichy, C.C.No.77 of 2009 on the file of the Judicial Magistrate No.II, Trichy may be transferred to the file of the Judicial Magistrate, Musiri for joint trial along with C.C.No.9 of 2010. He would further submit that even though the respondent/accused in C.C.No.9 of 2010 has not filed any transfer application, the Principal Sessions Judge has ordered transfer of the case in C.C.No.9 of 2010 on the file of the Judicial Magistrate, Musiri to the file of the Judicial Magistrate No.II, Trichy and conduct a joint trial along with C.C.No.77 of 2010 and the Judicial Magistrate, Musiri alone is having the cause of action for trying both the cases and hence, he prayed for the allowing of the petition.