CHANDRASEKARAN Vs. K MAHALINGAM

JUDGEMENT

(1.) This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C, against the order dated 4.5.2011 made in Tr.Crl.M.P.No.20 of 2011 on the file of the Chief Judicial Magistrate, Erode.

(2.) The complainant under Section 138 of Negotiable Instrument Act is the Revision Petitioner herein. The complainant instituted STC.No.287 of 2010 before the Chief Judicial Magistrate No.I, Erode, against the respondent herein, alleging that he had borrowed Rs.5,00,000/- on 06.11.2009 from the respondent and issued a cheque on 03.12.2009 and the cheque had bounced and hence, he has filed the S.T.C.No.287 of 2010 before the learned Chief Judicial Magistrate No.I, Erode.

(3.) Pending consideration, the respondent/accused-Mahalingam filed application in Tr.C.M.P.No.20 of 2011 before the Chief Judicial Magistrate, Erode for transfer of S.T.C.No.287 of 2010 to be tried along with C.C.Nos.304 of 2009, 27/2010,28/2010,29/2010 and 58/2010 to the file of Judicial Magistrate, Dharapuram, on the ground that Makeshkumar and Rangaraj of Dharapuram who are engaged in finance business. When the petitioner was running a shop in Dharapuram he borrowed some loans from Rangaraj and Makeshkumar on the security of many blank cheques. Since Rangaraj and Makeshkumar attempted to grab his shop, the petitioner herein stoutly resisted the attempt. Therefore they arranged to file five criminal cases on the basis of blank cheques issued by the petitioner in Dharapuram Judicial Magistrate Court in the name of their stooges. The respondent has taken up the same defense viz the complainant in all cases are stooges of Rangaraj and Makesh Kumar and at no point of time, he has borrowed any amount from the complainant under the C.C. and documentary evidence i.e., going to be adduced by the respondent herein are one and the same and hence, sought for transfer of the case.