High Court Madras High Court

Vijay Dhandapani vs K.Ravi on 26 October, 2007

Madras High Court
Vijay Dhandapani vs K.Ravi on 26 October, 2007
       

  

  

 
 
             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                        DATED: 26.10.2007

                             CORAM:

             THE HONOURABLE MR.JUSTICE K. MOHAN RAM

               Crl. O.P. Nos.28860 to 28863 of 2007
                	     and 
	          M.P. Nos.1, 1, 1 and 1 of 2007


                                
Vijay Dhandapani         	..Petitioner in all the Crl.O.Ps.


          Vs

K.Ravi
Rep. by Sreeja Ravi          	..Respondent in Crl. O.P.28860/2007

Mr.Madan Mohan
Rep. by Sreeja Ravi ..Respondent in Crl. O.P.28861/2007

Sreeja Ravi ..Respondent in Crl. O.P.28862/2007

Jayasree ..Respondent in Crl. O.P.28863/2007

Prayer:

Petitions filed under Section 482 of the Code of
Criminal Procedure to withdraw and to transfer C.C.Nos.2364,
2365, 2368 and 2369 of 2005, respectively, pending on the file of
VIII Metropolitan Magistrate Court, Chennai.

For Petitioner in all the Crl.O.Ps. : Mr.Govindarajan

For Respondent in all the Crl.O.Ps : Mr. T.Ashok Kumar

C O M M O N O R D E R

Learned counsel for the petitioner in each of the petitions

submitted that the petitioner has come forward with the present

petitions seeking for the relief to withdraw and to transfer

C.C.Nos.2364, 2365, 2368 and 2369 of 2005, respectively, pending

on the file of the VIII Metropolitan Magistrate Court, Chennai.

2. Learned counsel submitted that the petitioner is the

accused in C.C.Nos.2364, 2365, 2368 and 2369 of 2005,

respectively, for the offence under Section 138 of the Negotiable

Instruments Act filed by the respondent/complainant for the

dishonour of cheques. He further submitted that the petitioner

has good defence on his side to succeed in the case and he is a

practising advocate. It was further submitted by him that right

from the beginning of the cases, there was an undue haste in

conducing trial and during trial he was pressurised to close the

cases by settlement or to face conviction. He also submitted

that the complainants are highly influential persons and are

wielding money and political power due to their association with

film industry. It is also submitted by the learned counsel for

the petitioner that the petitioner is having reasonable

apprehension that in view of the reasons stated above he may not

get fair justice if the same is tried by the VIII Metropolitan

Magistrate Court, Chennai.

3. Per contra, Mr.T.Ashok Kumar, learned counsel for the

respondents/complainants in each of the petitions denied the

averments made by the learned counsel for the petitioner and

submitted there is absolutely no fault on the side of the

respondents. He also agreed that the cases in question may be

transferred to any other Court for which the petitioner is

willing and fairly submitted that the respondents/complainants in

each of the petitions are ready to accept the same.

4. I have carefully considered the submissions made by the

learned counsel on either side and also perused the entire

materials available on record including the affidavit filed by

the petitioner herein. In view of the nature of allegation

coupled with the fact of apprehension expressed by the

petitioner, this Court is constrained to transfer the cases in

C.C.Nos.2364, 2365, 2368 and 2369 of 2005, respectively, pending

on the file of the VIII Metropolitan Magistrate Court, Chennai,

to the file of the 12th Judge, Small Causes Court, Chennai – 600

104. The VIII Metropolitan Magistrate Court, Chennai, is hereby

directed to send the case records relating to C.C.Nos.2364, 2365,

2368 and 2369 of 2005, respectively, pending on its file to the

XII Small Causes Court, Chennai. It is also made clear that the

petitioner shall co-operate with the Court to enable the Court

below to dispose of the cases. It is further directed that the

XII Judge, Small Causes Court, Chennai, is directed to dispose of

the cases as expeditiously as possible and more particularly

within a period of two (2) months from the date of receipt of the

records from the learned VIII Metropolitan Magistrate Court,

Chennai.

5. The criminal original petitions are ordered on the above

terms. Consequently the connected MPs are closed.

srk

To

1. The VIII Metropolitan Magistrate Court
Chennai.

2. The XII Small Causes Court
Chennai.