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2015 DIGILAW 1207 (MAD)

Swathi Steels, represented by its Proprietor, M. P. Sivaramakrishnan v. C. Ashok

2015-03-02

M.SATHYANARAYANAN

body2015
Judgment :- 1. The petitioner is the accused in S.T.C.NO.259 of 2013, pending on the file of the Court of Judicial Magistrate No.II, Tiruchirapalli and he is facing prosecution at the instance of the second respondent herein viz., R.Venkataraman, for the alleged commission of the offences under Section 138 r/w 142 of Negotiable Instruments Act. The petitioner filed Tr.C.M.P.No.1490 of 2014 under Section 408 Cr.P.C. to transfer the said case to the file of the Court of the Judicial Magistrate No.IV, Tiruchirapalli and to be tried along with S.T.C.No.384 of 2013 instituted by the first respondent herein viz., C.Ashok and the said petition, after contest, was dismissed on 19.09.2014. Aggrieved by the same, the petitioner has filed this Criminal Revision Case. 2. The learned Counsel appearing for the petitioner would submit that the cheque pertaining to S.T.C.No.259 of 2013 is bearing No.318600, dated 15.12.2012, drawn on Andra Bank, Cantonment Branch, Tiruchirapalli for a sum of Rs.10,80,000/- and the cheque concerned in S.T.C.No.389 of 2013 is bearing No.318598, dated 12.12.2012, drawn on Andra Bank, Cantonment Branch, Tiruchirapalli for a sum of Rs.12,50,000/- and his defence in both cases is one and the same and in the event of conclusion of the trial of any one of the cases, a different defence would may stand exposed and hence, he prayed for joint trial of both cases and the said aspect has been completely overlooked by the lower Court and erroneously dismissed the petition and hence, prayed for interference. 3. Per contra, the learned Counsel appearing for the respondents would submit that admittedly, the complainant in both cases are different persons and the transaction is also different and not connected with each other and would further add that the trial of the cases in S.T.C.No.259 of 2013 has already been commenced and P.W.1 has been filed his proof affidavit in chief, whereas in S.T.C.NO.384 of 2013 is yet to commence. It is also his submission that the transfer petition has been filed only to protract both proceedings and the lower Court has rightly taken into consideration all the relevant aspects and rightly dismissed the petition and hence, prayed for dismissal of this revision too. 4. This Court, carefully heard the rival submissions made by either side and also perused the impugned order. 5. 4. This Court, carefully heard the rival submissions made by either side and also perused the impugned order. 5. No doubt, the accused in both complaints is one and the same person, whereas in each case, the complainant is a different person. Both cheques concerned in the private complaints have been drawn by the first accused on its Bank account viz., Andra Bank, Cantonment Branch, Tiruchirapalli. 6. Though it is the vehement submission of the learned Counsel appearing for the petitioner that the defence to be projected by him in both cases is one and the same, however, this Court is not in a position to express any opinion in this regard, as it is a matter for evidence and trial. It is brought to the knowledge of this Court that the Counsel appearing for the complainant in both cases is one and the same person. It is also the vehement submission of the learned Counsel appearing for the respondents that the joint trial of the cases cannot be ordered, for the reason that the transaction pertains to two complaints are entirely different and so also the complainant. This Court finds some force in the said contentions put forth on behalf of the respondents. 7. However, taking into consideration the fact that both cases are pending at Tiruchirapalli and taking into consideration the convenience of both parties, this Court is of the view that the case in S.T.C.No.384 of 2013, pending on the file of the Court of the Judicial Magistrate No.IV, Tiruchirapalli is to be transferred to the file of the Court of the Judicial Magistrate No.II, Tiruchirapalli. 8. In the result, this Criminal Revision Case is partly allowed and the impugned order dated 19.09.2014 made in Transfer C.M.P.No.1490 of 2014 is set aside and the case in S.T.C.No.384 of 2013 pending on the file of the Court of Judicial Magistrate No.IV, Tiruchirapalli is transferred to the file of the Court of Judicial Magistrate No.II, Tiruchirapalli and both the parties are directed to extend their maximum cooperation to the said Court for expeditious disposal of both complaints. Consequently, the connected Miscellaneous Petition is closed.