NAGALAKSHMI Vs. KADAR BASHA

JUDGEMENT

(1.) The petition is filed seeking a direction to withdraw and transfer C.C. No. 400/2009 on the file of Additional Judicial Magistrate, Aruppukkottai to any Courts of competent jurisdiction in the City of Madras.

(2.) The Petitioner is an accused in C.C. No. 400 of 2009, which is a private complaint filed by the Respondent under Section 138 of Negotiable Instruments Act (hereinafter referred to as "Act). According to the Respondent, the Petitioner came to his native place Poolangal Village in Aruppukottai at Virudhunagar on 25.10.2008 and obtained a loan of Rs. 6,50,000/- and promised to repay the same with interest, but failed. According to the Respondent, the Petitioner issued two cheques, drawn on State Bank of India, Anna Nagar West on 4.7.2009 and the same was deposited by the Respondent on 16.7.2009 and on 19.8.2009 at his bank at Poolangal, which is Indian Bank, but the same was returned with an endorsement "No sufficient fund", on 23.7.2009 and on 25.8.2009 by the payee bank. Thereafter, the Respondent issued notices demanding payment and on failure, initiated proceedings under Section 138 of the Act before the learned Judicial Magistrate at Aruppukottai. The same was taken on file by the learned Judicial Magistrate. The address of the Petitioner was given at Muthamizh Nagar, Kodungaiyur, Chennai-118.

(3.) On receiving of summons at Chennai, the Petitioner has filed the present application for transfer of the case from the court of the learned Judicial Magistrate, Aruppukottai to any of the Courts at Chennai on the following grounds: