R BALASUBRAMANIAN Vs. SATHASIVAM

JUDGEMENT

(1.) Petitioner/accused in C.C. No. 309 of 1997 on the file of Judicial Magistrate No. III of Erode has preferred the miscellaneous petition aggrieved against the orders passed in Crl. M.P. No. 548 of 2000 on the file of Chief Judicial Magistrate, Erode dated 29-11-2000.

(2.) The case in brief is as follows : The respondent lodged a complaint against the petitioner for an offence under Section 138 of Negotiable Instruments Act. After the closure of the prosecution case, the petitioner filed a petition to obtain the opinion of the Handwriting Expert in C.M.P. No. 4115 of 1998 before the trial Court and the same was dismissed. Aggrieved against this, the petitioner has preferred Crl. R. C. No. 157 of 1999 before this Court and the same is pending. Even though the revision is pending, the trial Court has closed the defence side suo motu and posted the case for arguments. Under the circumstance, the petitioner moved the learned Chief Judicial Magistrate, Erode, for transfer of the case to some other Court. After hearing the parties, the learned Chief Judicial Magistrate dismissed the application and aggrieved against this, the present revision is filed.

(3.) Heard the learned counsel of both sides.