JOEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come up with the present petition to withdraw the case in C.C.No.108 of 2008 pending on the file of Judicial Magistrate Court, Tambaran, Chennai and transfer the same to the file of Judicial Magistrate Court No.II, Tirunelveli.

(2.) In the petition, it has been inter alia stated that the petitioner is A1 in C.C.No.108 of 2008 on the file of Judicial Magistrate Court at Tambaram, which arose out of a complaint lodged by one Chakravarthi Daniel - the 2nd respondent herein against the petitioner herein and two others before the 1st respondent, who, on the basis of the said complaint, registered first information report in Crime No.126 of 2007.

(3.) Case of the prosecution is that all the accused conspired together and induced the de-facto complainant to start a College and made him part with money, which were alleged to be diverted for the personal use of the accused. Even as per the allegations, only the trust was started within the local jurisdiction of Tambaram, but the alleged parting with money and the alleged misappropriation or diversion of funds took place at Palayankottai, Tirunelveli District. The 1st respondent had investigated the matter and filed a final report before the Judicial Magistrate Court, Tambaram in C.C.No.108 of 2008. Thereafter, the petitioner and others have filed an application in Crl.O.P.No.10146 of 2008 before this Court for quashing the proceedings in C.C.No.108 of 2008, but the same was dismissed on 09.07.2012 giving liberty to work out their remedy for getting the case transferred, if they can establish that the Court at Tambaram has no territorial jurisdiction to try the case. Hence, the petitioner has come forward with the present petition to withdraw the case in C.C.No.108 of 2008 pending on the file of Judicial Magistrate Court, Tambaram and transfer the same to the file of Judicial Magistrate Court, No.II, Tirunelveli.