JEYABAL Vs. SATHYA ASSISTANT, MUNICIPALITY OFFICE, DINDIGUL

JUDGEMENT

(1.) This petition has been filed by the complainant under Section 407 r/w 482 of Cr.P.C., to transfer the case in C.C.No.338 of 2012 from the file of the Judicial Magistrate No. II, Kulithalai, Karur District to Judicial Magistrate No.III, Tirchy.

(2.) Heard, Mr. RM. Sivakumar, learned counsel for the petitioner and Mr. V. Sitharanjandas, learned counsel for the respondent.

(3.) The learned counsel for the petitioner has submitted that the respondent herein borrowed a sum of Rs.5,00,000/- from the petitioner on 04.09.2011 and executed a promissory note in favour of the petitioner and subsequently, with a view to discharge the aforesaid debt, he issued a cheque for Rs.5,00,000/-. He further submitted that the petitioner had presented the said cheque for collection in the Bank of India, Pettavaithalai Branch, Trichy District, and the same was returned on the ground that funds insufficient in the respondent's account. He further submitted that since the petitioner is residing at kuzhithalai, he had issued a statutory notice to the respondent from Kuzhithalai and filed a case before the Judicial Magistrate No. II, kuzhithalai. He further submitted that during trial, the petitioner was examined as PW1 and during cross examination, the respondent herein has taken a plea that the Judicial Magistrate No. II, kuzhithalai, does not have jurisdiction merely because notice was issued from kuzhithalai and other acts were not committed in kuzhithalai. He further submitted that crossexamination of PW1 also stopped and thereafter, both the parties filed a joint memo before the Judicial Magistrate No. II, Kuzhithalai, praying to transfer the case in C.C.No.338 of 2012 to Judicial Magistrate No. III, Tirchy, but the learned Magistrate kuzhithalai, did not pass any order in the said memo and hence, he prayed to transfer the case in C.C.No.338 of 2012 to the Judicial Magistrate No. III, Trichy for disposal in accordance with law.