M/s. Ayyannar Agencies and Anr. Vs. Sri Vishnu Cement Limited and Anr.
EmailAppeal: Transfer Petition (Criminal) No. 265 of 1999
Petitioner: M/s. Ayyannar Agencies and Anr.
Respondent: Sri Vishnu Cement Limited and Anr.
Apeal: Transfer Petition (Criminal) No. 265 of 1999
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 10, 2000
Head Note:
Practice and Procedure law
Consititution
Article 141 with Criminal Procedure Code, 1973 – Section 406 – Negotiable Instru-ments Act 1881, Section 138 – Transfer Petition – Bouncing of cheques – Criminal offence – Dishonour of cheques issued by petitioner – Criminal complaints filed in Chennai as well as Hyderabad by respondents – Petitioner seeking transfer of cases to Chennai – As parties were same and nature of offence was also same all cases directed to be trans-ferred to Chennai in the interest of justice.
Consititution
Article 141 with Criminal Procedure Code, 1973 – Section 406 – Negotiable Instru-ments Act 1881, Section 138 – Transfer Petition – Bouncing of cheques – Criminal offence – Dishonour of cheques issued by petitioner – Criminal complaints filed in Chennai as well as Hyderabad by respondents – Petitioner seeking transfer of cases to Chennai – As parties were same and nature of offence was also same all cases directed to be trans-ferred to Chennai in the interest of justice.
JUDGEMENT:
ORDER
1. We have noticed that 5 complaints have been filed by the re-spondents under Section 138 of the Negotiable Instruments Act before the Metropolitan Magistrate Court, Chennai. Thereafter one complaint was filed before the Metropolitan Magistrate, Hydera-bad against the petitioners in respect of 2 cheques, that too for the same offence under Section 138 of the Negotiable Instruments Act. This petition is for transferring that case to Metropolitan Magistrate, Chennai as parties in all the cases are the same and the offence is of the same nature though sprouted from different cheques. It would be advantageous to all the parties to have all the said cases before the same court, contended the learned coun-sel.
2. We also feel that the transfer prayed for could only be in the interest of justice and also for the convenience of conducting the trial and disposal of all the cases. We, therefore, order transfer of C.C. No. 808 of 1998 titled as M/s Sri Vishnu Cement v. M/s. Sri Ayyannar Agencies & Anr. pending before the IVth Metropolitan Magistrate, City Criminal Courts, Nampally, Hydera-bad to XVIIth Metropolitan Magistrate, Saidaped, Chennai.
3. Transfer Petition is disposed of accordingly.
1. We have noticed that 5 complaints have been filed by the re-spondents under Section 138 of the Negotiable Instruments Act before the Metropolitan Magistrate Court, Chennai. Thereafter one complaint was filed before the Metropolitan Magistrate, Hydera-bad against the petitioners in respect of 2 cheques, that too for the same offence under Section 138 of the Negotiable Instruments Act. This petition is for transferring that case to Metropolitan Magistrate, Chennai as parties in all the cases are the same and the offence is of the same nature though sprouted from different cheques. It would be advantageous to all the parties to have all the said cases before the same court, contended the learned coun-sel.
2. We also feel that the transfer prayed for could only be in the interest of justice and also for the convenience of conducting the trial and disposal of all the cases. We, therefore, order transfer of C.C. No. 808 of 1998 titled as M/s Sri Vishnu Cement v. M/s. Sri Ayyannar Agencies & Anr. pending before the IVth Metropolitan Magistrate, City Criminal Courts, Nampally, Hydera-bad to XVIIth Metropolitan Magistrate, Saidaped, Chennai.
3. Transfer Petition is disposed of accordingly.
