P MURUGESAN Vs. STATE

JUDGEMENT

(1.) THE above Criminal O.P.No,23680 of 2007 has been filed by the Petitioner to transfer the case in SC No,78 of 2007 pending on the file of the Assistant Sessions Judge cum Subordinate Court at Atthur to any Court at Namakkal district.

(2.) THE Petitioner/accused-1 has filed an affidavit in support of the transfer petition stating that he has a sago factory and that he has purchased tapioca from the farmers and converted it into starch and sold it in the open market at Salem. In the year 2001, one M.R. Sundaram approached him and made an agreement that the said M.R. Sundaram will provide Tapioca to the petitioners factory and that the petitioner will convert the same to starch for which the said M.R.Sundaram should provide grinding charge to the petitioner. Further, in the course of business, the said M.R. Sundaram demanded 10 blank cheques as security. Trusting him, the petitioner had given 10 blank cheques as security to continue the business. In the course of said business, a dispute arose between them. Hence, the petitioner filed a private complaint in CC No.1547 of 2005 before the Judicial Magistrate I, Athur.

(3.) THE petitioner has further submitted that he has filed transfer petitions in all the cheque dishonour cases to the Judicial Magistrate Court, Rasipuram. Further he has filed 5 Criminal Original Petitions to investigate the criminal cases by some other investigating agency. Now, one of the criminal cases registered by the respondent police, is pending on the file of respondent police at Assistant Sessions Judge cum Sub-Judge, Athur in SC No,78 of 2007. It is alleged that the said M.R. Sundaram is a member of State Assembly and hence the police and advocates are fully cooperating with him. It is alleged that the said M.R. Sundaram is continuously disturbing the petitioner and his family members by way of foisting false complaints against him. THE petitioner further submitted that his life is in danger in the hands of the respondent police and the said M.R. Sundaram. Hence the petitioner has sent representation to the higher authorities and human rights commission. Supporting his case, the petitioner has filed 5 F.I.R copies.