R. SARAVANAN Vs. UMA MAHESWARI

JUDGEMENT

(1.) This petition has been filed by the complainant under section 407(2) of the Criminal Procedure Code, 1973 to transfer the case in STC.No.114 of 2013 from the file of the Fast Track Court (Magistrate Level), Theni to the Fast Track Court (Magistrate Level), Uthamapalayam.

(2.) Heard Mr.S.Palanivelayutham, learned counsel for the petitioner.

(3.) Learned counsel for the petitioner has submitted that the petitioner herein has filed a complaint under section 138 of the Negotiable Instruments Act against the respondent herein in STC.No.114 of 2013 on the file of the FTC (Magistrate Level), Theni. He further submitted that the petitioner is residing at Uthamapalayam, Uthamapalayam Taluk, Theni District and whenever he is going to attend the above case at Theni, the respondent threatened him with rowdy elements and with regard to the said incident, a complaint was lodged on 05.01.2014 before the Sub-Inspector of Police, Theni. He further submitted that the respondent herein has lodged a false complaint against the witness viz., Karthikeyan before the same police station and thereby, she threatened the witness not to give evidence against her in the aforesaid case. He further submitted that the police has closed the said complaint as false and even thereafter, she is threatening the petitioner and hence he is not able to conduct the case before the Judicial Magistrate at Theni and therefore, the petitioner has filed a transfer petition in Crl.MP.No.184 of 2014 on the file of the Principal District and Sessions Judge, Theni to transfer the aforesaid case to the Judicial Magistrate, Uthamapalalyam. But the learned Principal and Judicial Magistrate had dismissed the said petition on 20.07.2003 without assigning any valid reason. He further submitted that if the case in STC.No.114 of 2013 is transferred to the Judicial Magistrate, Uthamapalalyam, that it would not cause any prejudice to the respondent and therefore, he prayed to transfer the above said case to the Judicial Magistrate, Uthamapalayam.